AI SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-05-2010 9:50 am Case Number: CGC-10-495759 Filing Date: Jan-05-2010 9:46 Juke Box: 001 Image: 02722636 COMPLAINT THOMAS PEECHER VS. TENDERLOIN HOUSING CLINIC, INC. et al 001002722636 Instructions: Please place this sheet on top of the document to be scanned,~ (cITACION. MUDIRIAL) eo erm NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): TENDERLOIN HOUSING CLINIC, INC. and DOES 1 TO 25 YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): THOMAS PEECHER ‘You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more Information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. ‘If you cannot pay the filing fee, ask the court clerk for a fee waiver form. lf you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. ‘There are other legal raquiremants. You may want to call an attorney right away. if you do not know an attorney, you may want to call an attorney referral servica. If you cannot afford an attomey, you may be eligible for free legal services from a nonprofit legal services Program. You can locate these nonprofit groups at the California Logal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.goviselfhelp), or by contacting your local court or county bar association. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citaci6n y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no fo profegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en Ja corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de California (www.courtinfo.ca.gov/selfhelp/espanol/), en la biblioteca de leyes de su condado o en la corte que le quede més cerca. Sino puede pagar Ia cuota de presentacién, pida al secretario de la corte que fe dé un formutario de exencién de pago de cuotas. Si no presenta ‘Su respuesta a tiempo, puede perder ef caso por incumplimiento y Ja corte le podré quitar su sueldio, dinero y bienes sin mas advertencia. Hay otros requisitos lagales. Es recomendable que llame a un abogado inmediatamente. Sino conoce a un abogado, puede llamar a un ‘servicio de remisién a abogados. Sino puede pagar a un abogado, es posible que cumpla con fos requisitos para obtener servicios Jegales gratuites de un programa de servicios legales sin fines de Jucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.tawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, {www.courtinfo.ca.gov/selfhelp/espanol/) 0 poniéndlose en contacto con fa corte o el colegio de abogados locales. The name and address of the court is: CASE NUMBER: (El nombre y diraccién de fa corte es): C G 7 San Francisco County Superior Court 400 McAllister Street San Francisco, California 94102-4514 The name, address, and telephone number of plaintiff's attomey, or plaintiff without an attorney, is: (El nombre, la direccién y el nimero de teléfono del abogado de! demandante, o dei demandante que no tiene abogado, es): William E. Weiss (SBN 73108) Law Offices of William E. Weiss 130 Sutter Street, 7th Floor, San Francisco, California 94104 Tel.: (415) 362-6765 D. STEPPE DATE: Clerk, by rooney YAN 05 2010 £ Bunt YM PARK! (secretaria) (For proof of service of this summons"uBe Proof of Service of Summons Gfarm POSDT0)) citation use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. [[] as the person sued under the fictitious name of (specify): = 3. LD onbehaif of (specify): under: [—] CCP 416.10 (corporation) (CCP 416.60 (minor) [1 ccp 416.20 (defunct corporation) CCP 416,70 (conservatee) [—] CCP 416.40 (association or partnership) [—] CCP 416.90 (authorized person) other (specify): 4. by personal delivery on (date): Page 4 of Adopted ‘Code of Civil Procedure 8 412.20, 465 ‘SUN-100 [Rev. January 1, 2004] SUMMONS, www.accessiaw.com“~ ~ - CM-010 | ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Barnumber and address) FOR COURT USE ONLY William E. Weiss (SBN 73108) 130 Sutter Street, 7th Floor E D San Francisco, California 94104 3 . TELEPHONE NO: (415) 362-6765 Faxno: (415) 362-2405 San Francisco County Superior Court ATTORNEY FOR (Name): Thomas Peecher, Plaintiff |SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco JAN 05 2010 STREET AboREss: 400 MoAlllister Street MAILING ADDRESS: rt a rrr ano zip cove: San Francisco, California 94102-4514 GO! 3 PABK-LL Clerk f BRANGH Nave: Civic Center By: jepiity Clerk CASE NAME: Peecher v. Tenderloin Housing Clinic, Inc., et al. CIVIL CASE COVER SHEET Complex Case Designation FR - Untimited — [—] Limited 3 Cee =] 0 74 9 2 7 8 (amount (Amount [J counter [J Joinder " Junge: demanded demanded is Filed with first appearance by defendant I exceeds $25,000) _ $25,000 or less) (Cal, Rules of Court, rule 1811) DEPT: items 15 below must be completed (see instructions on page 2). [_} other employment (15) 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation ‘Auto (22) Breach of contractiwarranty (06) _(Gal- Rules of Court, rules 1800-1812} Uninsured motorist (46) Collections (08) [J AntirusteTrade regulation (03) Other PUPDAWD (Personal injury/Property [| ingurance coverage (18) Construction defect (10) Damage/Wrongful Death) Tort Other contract (37) 1 Mass tort ¢40) Asbestos (04) Real Property | Securities litigation (28) Product liability (24) Eminent domain/inverse Environmental/Toxic tort (30) LJ Medical malpractice (4) — condemnation (14) {J insurance coverage claims arising from the 7] other PvPDAWD (23) Wrongful eviction (33) shove litod provisionally complos oace Non-PIPDAWD (Other) Tort ther real property (26) Business torvunfair business practice (07) Unlawful Detainer aoe oer natgnent (eo) Cw rights (08) LI Commercial a Miscellaneous Civil Complaint Defamation (13) =| Residential (32) Ico (27) (J Fraud (16) Drugs (38) , Intellectual property (19) Judicial Review Winceliareoas ean aot speci above) (42) Professional negligence (25) = Asset forfeiture (05) Partnership and corporate govemence (21) L_]} other non-PUPDAWD tort (35) Petition re: arbitration award (11) 3 titi Employment Wit of mandate (02) EF other pation (not spectied above) (43) Wrongful termination (36) Other judicial review (39) —t 2 This case [_] is [¥7] isnot complex under ule 1800 of the Calffomia Rules of Gout the case is complex, mark the factors requiring exceptional judicial management: a. Large number of separately represented parties d. _] Large number of witnesses ». [7] Extensive motion practice raising difficult or novel e. [J] Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. L_] Substantial amount of documentary evidence f. Substantial postjudgment judicial supervision 3. ‘Type of remedies sought (check all that apply): . monetary b. Tonmonetary; declaratory or injunctive relief punitive 4. Number of causes of action (specify): 5. This case is [71 isnot actass action suit, 6. Ifthere are any known related cases, file and serve a notice of related Date: December_2¢>2009 William E. Weiss (TYPE OR PRINT NAME} NO’ © Plaintiff must file this cover sheet with the first paper filed in the TIC! action or proceeding (except smail claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 201 -8.) Failure to file may result in sanctions, * File this cover sheet in addition to any cover sheet required by local court rule. * If this case is complex under rule 1800 et se other parties to the action or proceeding, * Unless this is a complex case, this cover sheet wil be used for statistical purposes only, 1g. of the California Rules of Court, you must serve a copy of this cover sheet on all Page # of 2 Form Adopod for Mandatory Use dial Gouna of Calfoma Cai St0 Rew danny, 2006) CIVIL CASE COVER SHEET al, Rules of Court, rules 207-8, 1800-1872, ‘Standards of Judicial Administration, § 18 iw. courtnfo.ca.gov www.aocessiaw.com~, ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, ‘State Bar number, and address): — William E. Weiss, Esq. (SBN 73108) LAW OFFICES OF WILLIAM E. WEISS 130 Sutter Street, 7th Floor San Francisco, California 94104 TELEPHONE no: (415) 362-6765 FAX NO. (Optionay: (415) 362-2405 E-MAIL ADDRESS (Optionay: Weisslaw 1 @williameweiss.com ATTORNEY FOR (Nome: Thomas Peecher, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco streer aopress: 400 McAllister Street MAILING ADDRESS: cmryanozr cove: San Francisco, California 94102 BRANCH NAME: Civic Center PLAINTIFF: Thomas Peecher DEFENDANT: Tenderloin Housing Clinic, Inc. and (4) does 110 25 COMPLAINT—Personal Injury, Property Damage, Wrongful Death (_] AMENDED (Number): Type (check all that apply}: [J MOTOR VEHICLE [97] OTHER (specify): General; Premises liability [=] PropertyDamage — [__] Wrongful Death [=] Personal Injury [__] Other Damages (specify): SUBMONS 15) 982.1(1 ae COUNTY SSN R09 200 JAN-5- AM 9:47 GORDON PARK, oy_D. STEPBE™ 1] CASE MANAGEMENT CONERENCE Sep JUN @ 4 2019 -98 AM DBPARTMENT 212 Jurisdiction (check all that apply): [5 ACTION Is A LIMITED CIVIL CASE Amount demanded [__] does not exceed $10,000 [2] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) [_] ACTION is REGLASSIFIED by this amended complaint [21 from limited to untimited from unlimited to limited exceeds $10,000, but does not exceed $25,000 () 4 C- 1 Qe 4957 59 CASE NUMBER: 1. Plaintiff (name or names): Thomas Peecher alleges causes of action against defendant (name or names): Tenderloin Housing Clinic, Inc. 2. This pleading, including attachments and exhibits, consists of the following number of pages: 6 3. Each plaintiff named above is a competent adult a. [_) except plaintiff (name): (1) [_] a corporation qualified to do business in California @) an unincorporated entity (describe); (3) [_] a public entity (describe): (4) [7] aminor an adult (b) other (specify): ©) [] other (specify): b. [_] except plaintiff (name): O) a corporation qualified to do business in California (2) [_} an unincorporated entity (describe): (3) [| a public entity (describe): (4) (2) aminor [7] an adutt (2) [=] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (6) [] other (specify): (5) [1] other (specify): [1 Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Paget of 3 Form Approved ey Spfonat Use COMPLAINT—Personal Injury, Property cae eae § 425.92 1982.1(1) [Rev. January 1, 2006) Damage, Wrongful Death www.accessiaw.com7 > 982.1(1 SHORT TITLE: (CASE NUMBER: Peecher v. Tenderloin Housing Clinic, Inc., et al. 4. [—] Plaintiff (name): is doing business under the fictitious name (Specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. [7] except defendant (name): Tenderloin Housing Clini c. [—] except defendant (name): (1) [] a business organization, form unknown (1) [__] a business organization, form unknown (2) [7] a corporation (2) a corporation {3) [] an unincorporated entity (describe): (3) [_) an unincorporated entity (describe): (4) [7 a public entity (describe): 4) public entity (describe): (©) [) other (specify): (5) [5] other (specify): b. [] except defendant (name): @. [] except defendant (name): (1) (2) a business organization, form unknown {1} [_] a business organization, form unknown (2) [_] a corporation (2) [] a corporation (3) [J an unincorporated entity (describe): (3) [-_] an unincorporated entity (describe): (4) [1] a public entity (describe): (4) public entity (describe): (5) [] other (specify): (5) [) other (specify): [1] Information about additional defendants who are not natural persons is contained in Attachment 5. 6, The true names of defendants sued as Does are unknown to Plaintiff. a. [7] Doe defendants (specify Doe numbers): 4-20 _ were the agents or employees of other named defendants and acted within the scope of that ageney or employment. b. [7] Doe defendants (specify Doe mumbers).15 are parsons whose capacities are unknown to plaintiff. 7. [J Defendants who are joined under Code of Civil Procedure section 382 are (names): it is the proper court because at least one defendant now resides in its jurisdictional area. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal Property occurred in its jurisdictional area. a. [] other (specify): 9. [—] Plaintifis required to comply with a claims statute, and a. [] has complied with applicable claims statutes, or ». [1 is excused from complying because (specify): 982.1(1) [Rev. January 1, 2006) COMPLAINT—Personal Injury, Property Page 2 0f3 Damage, Wrongful Death“ nN ‘SHORT TITLE: (CASE NUMBER: Peecher v. Tenderloin Housing Clinic, Inc., et al. 982.1(1) 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): [] Motor Vehicle 7] General Negligence Intentional Tort CI |. [] Products Liability . 4] Pre pe Premises Liability | [A] Other (specify): Exemplary Damages 11. Plaintiff has suffered wage loss loss of use of property [7] hospital and medical expenses [7] general damage (] property damage [7] loss of earning capacity W] other damage (specify): Exemplary Damages erpapse 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are listed in Attachment 12. a C b. ((] as follows: “0 13. The relief sought in this complaint is within the Jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is falr, just, and equitable; and for a. (1) [7] compensatory damages (2) [7] punitive damages ‘The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): ” according to proof (2) in the amount of: $ 18. [7] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: December 3 2009 Wiliam E. Weiss >| ‘ if . sv Ye (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) 982.1(1) [Rev. January 1, 2006] COMPLAINT—Personal Injury, Property Damage, Wrongful Death Page 8 of 3SHORT TITLE: CASE NUMBER: Peecher v. Tenderloin Housing Clinic, Inc., et al. FIRST CAUSE OF ACTION—General Negligence (umber) ATTACHMENT TO Compiaint [_] Cross-Compiaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Thomas Peecher alleges that defendant (name): Tenderloin Housing Clinic, Inc. and Does 1 tp __25 _ was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): September 17, 2009 at (place): Graystone Hotel, 66 Geary Blvd., in San Francisco, California. (description of reasons for liability): The subject incident occurred at the Graystone Hotel in San Francisco, California, which is owned, operated and managed by defendant TENDERLOIN HOUSING CLINIC INC. On the morning of September 17, 2009, Plaintiff THOMAS PEECHER was assaulted violently and repeatedly by another tenant at the hotel, with a deadly weapon, causing him suffered severe Personal injuries. Police investigation revealed that the alleged assault was retaliation against plaintiff because he had previously complained to the hotel Manager about assailant’s drug dealing activities and drug use on the premises. Plaintiff alleges that defendant TENDERLOIN HOUSING CLINIC, INC. knew or should have known that a particular crime was imminent based on Specific circumstances in the subject lawsuit. Plaintiff further alleges that defendant TENDERLOIN HOUSING CLINIC, INC. failed to take reasonable measures to protect against foreseeable dangers to the plaintiff or its tenant. As a result, plaintiff suffered severe personal injuries including but not limited to the swollen tight cheekbone as well as post-traumatic stress disorder syndrome. Further, at all times herein relevant, defendant TENDERLOIN HOUSING CLINIC, INC. failed to follow its own internal rules as well as city, state and federal laws regarding the prohibition of drug use and sales on the premises of the property it owns, operates and manages. Defendant TENDERLOIN HOUSING CLINIC, INC, ignored numerous requests made by plaintiff to transfer him to another facility it owns, operates or manages. instead, plaintiff's assailant still lives at the Graystone Hotel and continues to threaten Plaintiff with violence. Said conduct of defendant TENDERLOIN HOUSING CLINIC, INC. created a dangerous condition at the said Property and destroyed plaintiff's entitlement to quite environment of his tenancy and made the premises uninhabitable. Form Approved by the Rule 982.113) CAUSE OF ACTION—General Negligence Gop 425.12 waw.accessiaw.comSHORT TITLE: CASE NUMBER: Peecher v. Tenderloin Housing Clinic, Inc., et al. SECOND CAUSE OF ACTION—Premises Liability Page __5 (number) ATTACHMENT TO [Z] Complaint [1] Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): Thomas Peecher alleges the acts of defendants were the legal (proximate) cause of damages to piaintiff, On (date): September 17, 2009 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): The subject incident occurred at the Graystone Hotel in San Francisco, California, which is owned, Operated and managed by defendant TENDERLOIN HOUSING CLINIC INC. On the morning of September 17, 2009, plaintiff THOMAS PEECHER was assaulted violently and repeatedly by another tenant at the hotel, with a deadiy weapon, causing him suffered severe personal injuries. Police investigation revealed that the alleged assault was retaliation against plaintiff because he had previously complained to the hotel manager about assailant's drug dealing activities and drug use on the Premises. Plaintiff alleges that defendant TENDERLOIN HOUSING CLINIC, INC. knew or should have known that a particular crime was imminent based on Specific circumstances in the subject incident and lawsuit. Plaintiff further alleges that defendant TENDERLOIN HOUSING CLINIC, INC. failed to take reasonable measures to protect against foreseeable dangers to the plaintiff or its tenant. As a result, plaintiff suffered severe personal injuries. Prem.-2. [7] Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): TENDERLOIN HOUSING CLINIC, INC. [1 Does —_1__ tp __25 Prem.L-3. Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were {names): TENDERLOIN HOUSING CLINIC, INC. Does__1___to__25 Plaintiff, a recreational user, was (Jan invited guest [a paying guest. PremL-4. [] Count Three—Dangerous Condition of Public Property The defendants who owned public property ‘on which a dangerous condition existad were (names): (2 Does —___to @. [7] The defendant public entity had [actual [7] constructive notice of the existence of the dangerous condition in sufficient time Prior to the injury to have corrected it. b. [7] The condition was created by employees of the defendant public entity. Prem.L-5. a.[_] Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the ‘scope of the agency were (names): [1 Does to_—____ b. [7] The defendants who are liable to plaintiffs for other reasons and the reasons for their abtity are 7 described in attachment PremL-6.b [Jas follows (names): Jutsu Seehof Coma CAUSE OF ACTION—Premises Liability ee cop 426.12 wwrw.accessiaw.com~ \ PLD-P1-001(6 SHORT TITLE: CASE NUMBER: Peecher v. Tenderloin Housing Ciinic, Inc., et al. Exemplary Damages Attachment Page 6 ATTACHMENT TO =[#] Compiaint Cross - Complaint EX-1. As additional damages against defendant (name): Tenderloin Housing Clinic, Inc. Plaintiff alleges defendant was guilty of malice fraud oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's claim are as follows: Defendant TENDERLOIN HOUSING CLINIC, INC. owned, operated and managed the Graystone Hotel in San Francisco, Califormia. On the morning of September 17, 2009, plaintiff THOMAS PEECHER was assaulted violently and repeatedly by another tenant at the hotel, with a deadly weapon, causing him suffered severe Personal injuries. Police investigation revealed that the alleged assault was retaliation against plaintiff because he had previously complained to the hotel manager about assailant’s drug dealing activities and drug use on the premises. Plaintiff alleges that defendant TENDERLOIN HOUSING CLINIC, INC. knew or should have known that 4 particular crime was imminent based on specific circumstances in the subject lawsuit. Plaintiff further alleges that defendant TENDERLOIN HOUSING CLINIC, INC. failed to take reasonable measures to protect against foreseeable dangers to the Plaintiff or its tenant. As a result, plaintiff suffered severe Persona! injuries including but not limited to the swollen right cheekbone as well as post-traumatic stress disorder syndrome. By its conduct and failure to remedy the situation alleged herein defendant TENDERLOIN HOUSING CLINIC, INC. has ratified the conduct of plaintiff's assailant. By acting as alleged herein, defendant TENDERLOIN HOUSING CLINIC, INC., was intentionally negligent and further its conduct as alleged herein was malicious, fraudulent and despicable, in total disregard of the the rights of plaintiff, thus entitling plaintiff THOMAS PEECHER to punitive damages in an amount according to proof. EX-3. The amount of exemplary damages sought is a. [4) not shown, pursuant to Code of Civil Procedure section 425.10. b. C$ age ttt Fo Approved fo Oporto oo Boos, “ioe Souet of etre Exemplary Damages Attachment aan ease eae PLO-PI-001(6) [Rev. January 1, 2007] wivw.aecesslaw.com