Electronically FILED by Superior Court of California, County of Los Angeles on 09/08/2022 10:27 AM Sherri R.

Carter, Executive Officer/Clerk of Court, by D. Williams,Deputy Clerk

22STCV29241
Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Daniel Crowley

1
Robert S. Arns, State Bar No. 65071 (rsa@arnslaw.com)
2
Jonathan E. Davis, State Bar No. 191346 (jed@arnslaw.com)
3 Zachariah D. Hansen, State Bar No. 267755 (zdh@arnslaw.com)
4
Shounak S. Dharap, State Bar No. 311557 (ssd@arnslaw.com)
Truong X. Pham, State Bar No. 339998 (txp@arnslaw.com)
5 THE ARNS LAW FIRM
6 A Professional Corporation
515 Folsom Street, 3rd Floor
7 San Francisco, California 94105
8 Phone: (415) 495-7800
Fax: (415) 495-7888
9

10 Attorneys for Plaintiffs

11

12 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

13
IN AND FOR THE COUNTY OF LOS ANGELES
CIVIL UNLIMITED
14

15 DANIEL LUNA AND IRENA SULENCKA,

No.
16 Plaintiffs,
17 UNVERIFIED COMPLAINT FOR
vs. DAMAGES
18

19 LOS ANGELES RAMS; HOLLYWOOD PARK [REQUEST FOR JURY TRIAL]

MANAGEMENT CO. II, LLC; KSE
20
SPORTSMAN MEDIA, INC.; STOCKBRIDGE
21 CAPITAL GROUP, LLC; APEX SECURITY
22
GROUP, INC.; BRYAN ALEXIS CIFUENTES,
and DOES 1 to 100, inclusive
23

24 Defendants.
25

26

27

28

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UNVERIFIED COMPLAINT FOR DAMAGES

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The following is a complaint for personal injury brought by DANIEL LUNA and
3 IRENA SULENCKA, by and through their attorneys The Arns Law Firm, who allege on
4
information and belief as follows:
5

6 PARTIES
7
1. Plaintiff DANIEL LUNA is a resident of the State of California.
8

9 2. Plaintiff IRENA SULENCKA is a resident of the State of California and at

10
all relevant times the lawfully wedded spouse of DANIEL LUNA.
11

12 3. Defendant HOLLYWOOD PARK MANAGEMENT CO. II, LLC is a

13
California corporation whose principal place of business is 1001 Stadium Drive,
14

15
Inglewood, CA 90301, and is in the business of owning, managing, operating, controlling,
16 and providing security for SoFi Stadium and SoFi Stadium parking areas.
17
4. Defendant KSE SPORTSMAN MEDIA, INC. is a California corporation
18

19 whose principal place of business is 1000 Chopper Circle, Denver, CO 80204, and is in
20
the business of owning, managing, operating, controlling, and providing security for SoFi
21

22 Stadium and SoFi Stadium parking areas.

23
5. Defendant LOS ANGELES RAMS is a California corporation whose
24

25 principal place of business is 29899 Agoura Road, Agoura Hills, CA 91301, and is in the
26
business of owning, managing, operating, controlling the Los Angeles Rams football
27

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team and providing security for SoFi Stadium and SoFi Stadium parking areas.

6. Defendant STOCKBRIDGE CAPITAL GROUP, LLC is a California

corporation whose principal place of business is Four Embarcadero Center, Suite 3300,

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UNVERIFIED COMPLAINT FOR DAMAGES

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San Francisco, CA 94111, and is in the business of owning, managing, operating,
3 controlling and providing security for SoFi Stadium and SoFi Stadium parking areas.
4
7. Defendant APEX SECURITY GROUP, INC. is a California corporation
5

6 whose principal place of business is 17101 Superior Street, Northridge, CA 91325, and
7
is in the business of providing security services and enforcing security rules, regulation
8

9 protocols and procedures at SoFi Stadium and SoFi Stadium parking areas.
10
8. BRYAN ALEXIS CIFUENTES, an individual, is a resident of the State of
11

12 California.
13
9. The true names and capacities of Defendants sued in the Complaint under
14

15
the fictitious names of Does 1 through 100, inclusive, are unknown to Plaintiffs who
16 therefore brings suit against such Defendants by such fictitious names.
17
10. Unless otherwise stated herein all the Defendants described above shall
18

19 collectively be referred to as “Defendants” in this complaint.

20
11. Unless otherwise stated herein whenever reference is made in this
21

22 complaint to any act of Defendants, such allegation shall mean that each Defendant acted
23
individually and jointly with the other Defendants named in that cause of action.
24

25 12. Whenever reference is made in this complaint to any act of any corporate
26
or other business Defendant, such allegation shall mean that such corporation or other
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business did the acts alleged in the complaint through its officers, directors, employees,

agents and/or representatives while they were acting within the actual or ostensible scope

of their authority.

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UNVERIFIED COMPLAINT FOR DAMAGES

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13. Unless otherwise stated herein at all relevant times, each of the Defendants
3 has acted as an agent, representative, or employee of each of the other Defendants and
4
has acted within the course and scope of said agency or representation or employment
5

6 with respect to the causes of action in this complaint.

7
14. At all relevant times, each Defendant has committed the acts, caused others
8

9 to commit the acts, or permitted others to commit the acts referred to in this complaint.
10
VENUE
11

12 15. Venue in this action is proper in the County of Los Angeles based upon the
13
fact that the incident took place in Los Angeles County.
14

15
FACTUAL ALLEGATIONS
16 16. On or about January 30, 2022, Plaintiff DANIEL LUNA traveled to SoFi
17
Stadium in Inglewood, California to attend the National Football Conference
18

19 Championship game between Defendant LOS ANGELES RAMS and the San Francisco
20
49’ers (“SUBJECT GAME”).
21

22 17. Prior to the game, Plaintiff DANIEL LUNA made efforts to purchase a
23
ticket to the game and entered the SoFi parking lots and adjacent premises (“SUBJECT
24

25 PREMISES”) to continue his search for a ticket and to participate in the pregame
26
celebrations taking place at the stadium. The parking lots were full of fans ”tailgating”
27

28
with open and obvious consumption of alcohol throughout the premises.

18. Plaintiff DANIEL LUNA was unable to procure a ticket and after the game

started entered Parking Lot L while the game was in progress. There were many persons

remaining in Parking Lot L and other adjacent parking lots after the game started.

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UNVERIFIED COMPLAINT FOR DAMAGES

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19. During the second quarter of the game, Plaintiff DANIEL LUNA joined a
3 group of 16-20 San Francisco 49’ers fans in Parking Lot L who were “tailgating” and
4
watching the game on a large screen television. Food and alcoholic beverages were being
5

6 consumed.
7
20. At some point during the second quarter, after a score was made by the
8

9 49’ers, the group began to celebrate with the exception of Defendant CIFUENTES who
10
was watching the game towards the front of the group near the television. At that time
11

12 Plaintiff DANIEL LUNA made contact with Defendant CIFUENTES from behind and
13
walked away, at which point Defendant CIFUENTES pursued and pushed Plaintiff
14

15
DANIEL LUNA from behind. As Plaintiff DANIEL LUNA turned around, Defendant
16 CIFUENTES “cold cocked” Plaintiff DANIEL LUNA, who was defenseless with his
17
arms by his side. Plaintiff DANIEL LUNA immediately fell to the ground and was
18

19 rendered unconscious by the blow.

20
FIRST CAUSE OF ACTION
21
NEGLIGENCE
22 (Against all Defendants except for Defendant BRYAN ALEXIS CIFUENTES)
23 21. Plaintiffs reallege and incorporate by reference all paragraphs above as if
24
fully set forth herein.
25

26 22. That at said time and place, as aforesaid, the Defendants, and each of them,
27
owed a duty of reasonable care to Plaintiff DANIEL LUNA and others based upon
28
Defendants’ work performed on the SUBJECT PREMISES where the injury-causing

incident occurred. Said duty was based upon Defendants’ ownership, operation,

contractual obligations, custom and practice in the industry, right to control the subject

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UNVERIFIED COMPLAINT FOR DAMAGES

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premises, related to the safe management, security and enforcement of SoFi rules,
3 regulations, procedures and protocols for attending NFL games. Defendants and each of
4
them had duties related to the enforcement of SoFi rules, regulations, procedures and
5

6 protocols for attending NFL games on the SUBJECT PREMISES, exercised of control
7
over the SoFi rules, regulations, procedures and protocols for attending NFL games on
8

9 the SUBJECT PREMISES, and committed affirmative acts that resulted in said injury to
10
Plaintiff DANIEL LUNA.
11

12 23. That at said time and place, as aforesaid, the Defendants, and each of them,
13
allowed un-ticketed fans into the Parking areas adjacent to the stadium in violation of
14

15
SoFi rules, regulations, procedures and protocols.
16 24. That at said time and place, as aforesaid, the Defendants, and each of them,
17
allowed open and obvious consumption of alcohol in parking areas in violation of SoFi
18

19 rules, regulations, procedures and protocols.

20
25. That at said time and place, as aforesaid, the Defendants, and each of them,
21

22 allowed non-permitted parties and events to take place on premises where alcohol was
23
served in violation of SoFi rules, regulations, procedures and protocols.
24

25 26. That at said time and place, as aforesaid, the Defendants, and each of them,
26
allowed un-ticketed persons to remain on the SUBJECT PREMISES after the SUBJECT
27

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GAME started in violation of SoFi rules, regulations, procedures and protocols.

27. That at said time and place, as aforesaid, the Defendants, and each of them,

allowed open and obvious consumption of alcohol on the SUBJECT PREMISES after the

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UNVERIFIED COMPLAINT FOR DAMAGES

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SUBJECT GAME started in violation of SoFi rules, regulations, procedures and
3 protocols.
4
28. That at said time and place, as aforesaid, the Defendants, and each of them,
5

6 at all times had a duty to patrol, monitor and enforce policies related to alcohol
7
consumption, drunkenness, un-ticketed fans on the SUBJECT PREMISES, and generally
8

9 provide and enforce security procedures and protocols.

10
29. That at said time and place, as aforesaid, the Defendants, and each of them,
11

12 at all times had a duty to provide adequate, trained and sufficient levels of security
13
presence on the SUBJECT PREMISES, including foot patrols, command posts,
14

15
observation decks and video surveillance to monitor, investigate and enforce policies,
16 procedures and protocols related to the consumption of alcohol and presence of un-
17
ticketed fans on the SUBJECT PREMISES after the start of the SUBJECT GAME.
18

19 30. That at said time and place, as aforesaid, the Defendants, and each of them,
20
at all times had a duty to have on site holding cells, pens or other designated areas for
21

22 patrons and persons on the SUBJECT PREMISES under the influence of alcohol and/or
23
acting in violation of the rules, regulations, policies in place for attending the SUBJECT
24

25 GAME or being present on the SUBJECT PREMISES.

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31. That at said time and place, as aforesaid, the Defendants, and each of them,
27

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at all times failed to have on site an adequate number of holding cells, pens or other

designated areas for patrons and persons on the SUBJECT PREMISES under the

influence of alcohol and or acting in violation of the rules, regulations, policies in place

for attending the SUBJECT GAME or being present on the SUBJECT PREMISES.

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UNVERIFIED COMPLAINT FOR DAMAGES

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32. That at said time and place, as aforesaid, the Defendants, and each of them,
3 had a special relationship with the patrons and invitees present at the SUBJECT
4
PREMISES on game day, an environment where guests should be allowed to enjoy their
5

6 gameday experience in a safe and enjoyable atmosphere free from fighting and overly
7
intoxicated, aggressive and/or violent patrons, and thus, had a legal duty to exercise
8

9 ordinary care to ensure the safety of all persons who were on the SUBJECT PREMISES.
10
33. That at said time and place, as aforesaid, the Defendants, and each of them,
11

12 had actual and constructive notice that before, during and after NFL games at LoFi
13
Stadium, patrons consumed alcoholic beverages and often got intoxicated, excited,
14

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anxious and aggressive, thereby creating an unreasonable risk of injury to other patrons
16 and a dangerous condition. In addition, the Defendants, and each of them, had actual and
17
constructive notice that this unreasonable risk of injury was even greater at the SUBJECT
18

19 GAME.
20
34. That at said time and place, as aforesaid, the Defendants, and each of them,
21

22 had knowledge of prior similar acts of violence at NFL football games, including games
23
played at SoFi Stadium and adjacent parking areas.
24

25 35. That at said time and place, as aforesaid, the Defendants, and each of them,
26
had a duty to reasonably screen patrons upon entry to the SUBJECT PREMISES and to
27

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prohibit patrons from attending the game or eject patrons that exhibited signs of

intoxication or violent tendencies.

36. That at said time and place, as aforesaid, the Defendants, and each of them,

carelessly owned, leased, operated, managed, controlled, maintained, inspected and

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UNVERIFIED COMPLAINT FOR DAMAGES

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surveilled the SUBJECT PREMISES, and so carelessly and negligently provided security
3 services at the SUBJECT PREMISES on the date of the SUBJECT GAME, as to cause
4
Plaintiff DANIEL LUNA to suffer serious personal injuries.
5

6 37. That at said time and place, as aforesaid, the Defendants, and each of them,
7
so carelessly and negligently selected, hired, supervised, evaluated and retained security
8

9 services at the SUBJECT PREMISES on the date of the SUBJECT GAME, as to cause
10
Plaintiff DANIEL LUNA to suffer serious personal injuries.
11

12 38. That at said time and place, as aforesaid, the Defendants, and each of them,
13
so carelessly and negligently provided security services to LoFi Stadium and the
14

15
SUBJECT PREMISES as to cause Plaintiff DANIEL LUNA to suffer serious personal
16 injuries.
17
39. Additionally, said duty is based on the requirements of Civil Code § 1714
18

19 requiring all persons to act in a reasonable manner toward others.

20
40. As a direct and proximate result of Defendants’ negligence, Plaintiff
21

22 DANIEL LUNA sustained serious personal injuries and incurred expenses for medical
23
care and treatment for those injuries, including, but not limited to, hospitalization
24

25 services, medications and medical supplies. Plaintiff DANIEL LUNA will likely incur
26
additional expenses for future medical care necessary to treat those personal injuries.
27

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41. As a direct and proximate result of Defendants’ negligence, Plaintiff

DANIEL LUNA was forced to take time off of work and, in turn, lost income.

42. As a direct and proximate result of Defendants’ negligence, Plaintiff

DANIEL LUNA suffered non-economic damages, including pain and suffering.

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UNVERIFIED COMPLAINT FOR DAMAGES

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43. As a direct and proximate result of Defendants’ negligence, Plaintiff
3 IRENA SULENCKA suffered a loss of consortium.
4
SECOND CAUSE OF ACTION
5
PREMISES LIABILITY
6 (Against all Defendants except for Defendant BRYAN ALEXIS CIFUENTES)
7 44. Plaintiffs reallege and incorporate by reference all paragraphs above as if
8
fully set forth herein.
9

10 45. That at said time and place, as aforesaid, the Defendants, and each of them,
11
were the owners and operators of the SUBJECT PREMISES.
12

13 46. That at said time and place, as aforesaid, the Defendants, and each of them,
14
owed a duty of reasonable care toward Plaintiff DANIEL LUNA and others based upon
15

16 Defendants’ ownership, possession, maintenance, operation, control, inspection, service

17
and surveillance of the SUBJECT PREMISES.
18

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47. That at said time and place, as aforesaid, the Defendants, and each of them,
20 as owners and/or occupiers of land owe a general duty to exercise ordinary care for the
21
safety of persons who come upon the property.
22

23 48. At all times herein mentioned, the persons acting as the managers, security
24
personnel, and maintainers of the SUBJECT PREMISES, were acting with the
25

26 knowledge, permission and consent of all the Defendants, and each of them. Additionally,
27
the persons acting as the managers, security personnel and maintainers, were the agents,
28
servants and/or employees of and acting within the course and scope of said agency and

employed by Defendants, and each of them.

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UNVERIFIED COMPLAINT FOR DAMAGES

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49. That at said time and place, as aforesaid, the Defendants, and each of them,
3 had reasonable cause to anticipate the presence of intoxicated and violent patrons on the
4
SUBJECT PREMISES, and failed to take affirmative steps to control the wrongful
5

6 conduct on the SUBJECT PREMISES.

7
50. That at said time and place, as aforesaid, the Defendants, and each of them,
8

9 had actual or constructive notice that the open and obvious consumption of alcohol on the
10
SUBJECT PREMISES could incite violent behavior.
11

12 51. That at said time and place, as aforesaid, the Defendants, and each of them,
13
so carelessly and negligently provided security services to SoFi Stadium and the
14

15
SUBJECT PREMISES as to cause Plaintiff DANIEL LUNA to suffer serious personal
16 injuries.
17
52. Additionally, said duty is based on the requirements of Civil Code § 1714
18

19 requiring all persons to act in a reasonable manner toward others.

20
53. That at said time and place, as aforesaid, the Defendants, and each of them,
21

22 directly and proximately caused damages to Plaintiff DANIEL LUNA by negligently,

23
wantonly, recklessly, tortiously, and unlawfully:
24

25 a. Failing to comply with and enforce SoFi rules, regulations, procedures

26
and protocols for attending NFL games;
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b. Entrusting, permitting, managing, patrolling, maintaining, controlling and

operating the SUBJECT PREMISES;

c. Instructing others regarding patrolling, security, supervision, and

operation of the SUBJECT PREMISES;

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UNVERIFIED COMPLAINT FOR DAMAGES

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d. Failing to warn, instruct, advise, protect, and guard patrons regarding the
3 SUBJECT PREMISES; and
4
e. Conducting themselves with reference to the SUBJECT PREMISES and
5

6 to Plaintiff DANIEL LUNA, so as to cause the SUBJECT PREMISES to

7
be in a dangerous, and unsafe condition to proximately cause damages to
8

9 Plaintiff DANIEL LUNA.

10
54. Had the Defendants, and each of them, provided adequate security,
11

12 supervision, complied with and enforced of SoFi rules, regulations, procedures and
13
protocols for attending NFL games, Plaintiff DANIEL LUNA would not have sustained
14

15
serious personal injuries.
16 55. As a direct and proximate result thereof, Plaintiff DANIEL LUNA
17
sustained serious personal injuries and incurred expenses for medical care and treatment
18

19 for those injuries, including, but not limited to, hospitalization services, medications and
20
medical supplies. Plaintiff DANIEL LUNA will likely incur additional expenses for
21

22 future medical care necessary to treat those personal injuries.

23
56. As a direct and proximate result thereof, Plaintiff DANIEL LUNA was
24

25 forced to take time off of work and, in turn, lost income.

26
57. As a direct and proximate result thereof, Plaintiff DANIEL LUNA suffered
27

28
non-economic damages, including pain and suffering.

58. As a direct and proximate result thereof, Plaintiff IRENA SULENCKA

suffered a loss of consortium.

///

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UNVERIFIED COMPLAINT FOR DAMAGES

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THIRD CAUSE OF ACTION
ASSAULT
3
(Against Defendant BRYAN ALEXIS CIFUENTES only)
4
59. Plaintiffs reallege and incorporate by reference all paragraphs above as if
5

6
fully set forth herein.
7 60. Plaintiffs are informed and believe and thereon allege, that at said time and
8
place, as aforesaid, Defendant BRYAN ALEXIS CIFUENTES, whose intentional
9

10 conduct caused the aforesaid physical injuries to Plaintiff DANIEL LUNA on the
11
SUBJECT PREMISES on the day of the SUBJECT GAME.
12

13 61. That at said time and place, as aforesaid, Defendant BRYAN ALEXIS
14
CIFUENTES intentionally, willfully, wantonly, and maliciously threatened to strike
15

16 Plaintiff DANIEL LUNA and did raise his fists in such a manner so as to cause reasonable
17
apprehension by Plaintiff DANIEL LUNA of an immediate harmful or offensive contact
18

19
with his person. Due to Defendant BRYAN ALEXIS CIFUENTES’ conduct, a reasonable
20 person in Plaintiff DANIEL LUNA’s situation would have been offended by the
21
threatened, offensive touching.
22

23 62. As a direct and proximate result of Defendant BRYAN ALEXIS

24
CIFUENTES’ conduct, Plaintiff IRENA SULENCKA suffered a loss of consortium.
25

26 FOURTH CAUSE OF ACTION

27
BATTERY
(Against Defendant BRYAN ALEXIS CIFUENTES only)
28
63. Plaintiffs reallege and incorporate by reference all paragraphs above as if

fully set forth herein.

64. Plaintiffs are informed and believe and thereon allege, that at said time and

place, as aforesaid, Defendant BRYAN ALEXIS CIFUENTES, whose intentional

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UNVERIFIED COMPLAINT FOR DAMAGES

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conduct caused the aforesaid physical injuries to Plaintiff DANIEL LUNA on the
3 SUBJECT PREMISES on the day of the SUBJECT GAME.
4
65. That at said time and place, as aforesaid, Defendant BRYAN ALEXIS
5

6 CIFUENTES intentionally, willfully, wantonly, and maliciously caused a harmful and/or

7
offensive contact with Plaintiff DANIEL LUNA’S person without his consent. As a result
8

9 thereof, an offensive contact with Plaintiff DANIEL LUNA’S person directly resulted.
10
66. As a direct and proximate result of Defendant BRYAN ALEXIS
11

12 CIFUENTES’ conduct, Plaintiff IRENA SULENCKA suffered a loss of consortium.

13
FIFTH CAUSE OF ACTION
14 LOSS OF CONSORTIUM
15 (By Plaintiff IRENA SULENCKA against all Defendants)
16 67. Plaintiffs reallege and incorporate by reference all paragraphs above as if
17
fully set forth herein.
18

19
68. As a direct and proximate result of Defendants’ negligence, and the injuries
20 thereby sustained by Plaintiff DANIEL LUNA, Plaintiff IRENA SULENCKA has
21
suffered a loss of consortium with her lawfully wedded spouse, including, but not limited
22

23 to loss of case, comfort, society, and companionship.

24

25

26

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UNVERIFIED COMPLAINT FOR DAMAGES

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PRAYER FOR RELIEF
3 WHEREFORE, Plaintiffs DANIEL LUNA and IRENA SULENCKA pray for
4
judgment against Defendants, and each of them as follows:
5

6 1. Plaintiff DANIEL LUNA requests repayment of all special damages

7
incurred, according to proof, including, but not limited to all past and future wage loss,
8

9 hospital and medical expenses.

10
2. Plaintiffs request all general damages according to proof.
11

12 3. Plaintiffs request all general damages arising from the loss of consortium
13
suffered by Plaintiff IRENA SULENCKA.
14

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4. For all prejudgment interest as allowed by law.
16 5. For all attorneys’ fees as allowed by law.
17
6. For costs of suit incurred herein.
18

19 7. For such other and further relief as the Court deems just and proper.
20
8. For a jury trial on all issues allowed by law.
21

22 DATED: September 7, 2022

23

24

25
THE ARNS LAW FIRM

26

27
By:___________________________
28 JONATHAN E. DAVIS
Attorneys for Plaintiffs

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