3 4 1s 16 "7 18 19 24 25 23HMAR ~3 PH 3:52 FILE Key THE 25. 6 JOHN L. BURRIS Fsq., SIBN.69888_ BENJAMIN NISENBAUM, Esq., SBN 222173 JAMES COOK Esq., SBN 300212 CHRIS DEAN Esq., SBN 550322 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 ‘Telephone: (510) 839-5200 Facsimile: (510) 839-3882 John.Burris@johnburrislaw.com James.Cook@johnburrislaw.com Attorneys for Plaintiffs, SHANEIKA AMOS and KAMARIO AMOS ELECTRONICALLY FILED 1120/2023 9:37 AM Kern County Superior Court By Vanessa Castro, Deputy Code No Rees towns angel a Flee by 80 Sips B= "S=-A0a — IGATHLEEN KRUSE Geri ene Sper foore vy. SUPERIOR COURT OF THE STATE OF CALIFORNIA. COUNTY OF KERN ~ UNLIMITED JURISDICTION SHANEIKA AMOS, individually and as co- successor-in interest to Decedent CLEVELAND AMOS; KAMARIO AMOS, individually and as co-successor-in interest to Decedent CLEVELAND AMOS, Plaintifis, vs. COUNTY OF KERN, a municipal corporation; PACIFIC GAS & ELECTRIC COMPANY, a corporation; PG&E CORPORATION, a corporation; and DOES 1-100, inclusive, individually, jointly, and severally, Defendants. CASE NO.:BCV-23-100189 COMPLAINT FOR WRONGFUL DEATH, DAMAGES AND DEMAND FOR JURY TRIAL INTRODUCTION Complaint Amos, et al. v County of Ker, eta, 110 n 2 B 4 15 16 "7 18 19 20 Py 2 25 1. This is an action for damages arising out of the negligent conduct of County of Kern, Pacific Gas & Electric Company, and PG&E Corporation, wherein CLEVELAND AMOS died from a gas explosion at his home at Park 20th Apartments. JURISDICTION 2. This Jurisdiction is proper pursuant to Code of Civil Procedure Section 410.10 because Defendants have substantially engaged in business in the State of California and the acts complained of herein took place in the State of California. Venue is proper pursuant to Code of Civil Procedure section 395(a) because the injury causing death occurred in Alameda County PARTIES 3. Plaintiff SHANEIKA AMOS (hereinafter “PLAINTIFF”) is the biological child and co-successor-in interest of Decedent and is a resident of California and a United States Citizen. 4. Plaintiff KAMARIO AMOS (hereinafter “PLAINTIFF”) is the biological child and co-successor-in interest of Decedent and has been and is a resident of California and a United States Citizen. 5. Decedent CLEVELAND AMOS (hereinafter “DECEDENT”) was an individual residing in the County of Kern, State of California. At the time of this death, he was unmarried. 6 Defendant COUNTY OF KERN (“COUNTY”) is an incorporated public entity duly authorized and existing as such in and under the laws of the State of California; at all times herein mentioned, Defendant COUNTY has possessed the power and authority to adopt policies and prescribe rules, regulations and practices affecting the operation of the Housing Authority of the COUNTY OF KERN and its tactics, methods, practices, customs and usage. At all relevant times, Defendant COUNTY was the employer of Defendant COUNTY Housing ‘Authority, individually and in their official capacity. 7. Defendant PACIFIC GAS & ELECTRIC COMPANY, a subsidiary corporation of PG&E CORPORATION, is incorporated in California and is based in San Francisco, Complaint Amos, eal. v County of Kern, etal, 216 7 18 19 20 ai 2 23 4 25 California. PACIFIC GAS & ELECTRIC COMPANY is a combination natural gas and electric utility which provides gas and electric service to millions of customers in northern and central California, 8 Defendant PG&E CORPORATION is an energy-based holding company incorporated in California. PG&E CORPORATION is the parent company of PACIFIC GAS & ELECTRIC COMPANY. Collectively, PACIFIC GAS & ELECTRIC COMPANY and PG&E. CORPORATION are referred to herein as the “PG&E.” 9. Plaintiffs are ignorant of the true names and capacities of Defendants DOES 1- 100, inclusive, and therefore sue these Defendants by such fictitious names. Plaintiffs are informed and believe and thereon allege that each Defendant so named is responsible in some ‘manner for the injuries and damages sustained by Decedent as set forth herein, Plaintiffs will amend this Complaint to state the names and capacities of DOES 1-100, inclusive, when they have been ascertained. ADMINISTRATIVE PREREQUISITES 10. Plaintiffs are required to comply with an administrative tort claim requirement ‘under California law. On August 11, 2022, Plaintiffs submitted a claim to the Housing Authority's office for the COUNTY OF KERN. The claim was rejected on August 24, 2022. Plaintiffs have exhausted all administrative remedies pursuant to California Government Code § 910. FACTUAL ALLEGATIONS 11, The incident took place on June 30, 2022. The time was approximately 2:00 P.M. The location was Park 20th Apartments. The address was the 300 block of 20th Street, in Bakersfield, CA. Cleveland Amos was a resident, He died following an explosion in the building. 12, _Attthe time of the incident, Mr. Amos sat in his apartment. He remained in the living room. Suddenly, an explosion occurred in the building. The impact blew out the side wall of the room, Force from the explosion also threw Amos into the air. Mr. Amos landed in the Complaint Amos, etal. v County of Kern, eta 310 2 B 4 15 16 a 18 19 20 a1 22 23 24 25 street next to the building. Multiple neighbors dialed 911. At 2:00 P.M, firefighters from the Bakersfield Fire Department responded. The firefighters transported Amos to Memorial Hospital. Firefighters reported that a potential gas leak caused the explosion. 13, As aresult, Mr. Amos died on July 2, 2022. He sustained third degree burns all over his body. Amos leaves behind a daughter and son, DAMAGES 14, _ Plaintiffs were physically, mentally, emotionally, and financially injured and damaged as a proximate result of Decedent CLEVELAND AMOS’ wrongful death, including, but not limited to, the loss of Decedent’s familial relationships, comfort, protection, companionship, care, love, affection, solace, and moral support. In addition to these damages, Plaintiffs are entitled to recover for the reasonable value of funeral and burial expenses, pursuant to C.C.P, §§377.60 and 377.61. 15, Plaintiffs are titled to recover wrongful death damages pursuant to C.C-P. §§377.60 and 377.61 and Probate Code §6402(b).. 16, Pursuant to C.C.P. §§377.30, 377.32, and 377.34, Plaintiffs are further entitled to recover for damages incurred by Decedent before he died as the result of being assaulted and battered, for deprivation without due process of Decedent's right to life, and to any penalties or punitive damages to which Decedent would have been entitled to recover, had he lived. 17, Plaintiffs suffered severe and extreme emotional distress by the wrongful death of their father, as described herein. 18, The conduct of Defendants was malicious, wanton, and oppressive. Plaintiffs are therefore entitled to an award of punitive damages against said individual Defendants. 19, Plaintiffs found it necessary to engage the services of private counsel to vindicate their rights, and the rights of decedent, under the law. Plaintiffs are therefore entitled to an award of attomeys’ fees and costs pursuant to California Code of Civil Procedure § 1021.5 in the event that they are the prevailing parties in this action. Complaint Amos, etal. v County of Ker, eta 410 ut 12 B 4 15 16 W 18 19 a 25 FIRST CAUSE OF ACTION (Violation of Cal. Gov. Code § 815.2 - Negligence) (PLAINTIFES against Defendants PG&E, COUNTY and DOES 1-100) 20. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 19 of this Complaint. 21. Atall times herein mentioned, PG&E was a utility company engaged in the transmission of natural gas through pipelines, and was responsible for the maintenance, marking, condition, burial, and all other aspects of the pipeline’s existence. 22. Atall times, Defendants PG&E, COUNTY and Defendant DOES 1-100 had a duty to Plaintiffs and Decedent to maintain the complete enforcement of safety policies at the Park 20th Apartments, undertake reasonable steps to ensure that the apartment complex was ‘maintained in a safe and usable condition and free of any risks and dangers, and inspect for and ‘wam against such risks and dangers. Decedent resided at a unit in the Park 20th Apartments. ‘The Housing Authority of the County of Kem managed the apartment complex. 23. Defendants, through their acts and omis ions, breached the aforementioned duty owed to Plaintiffs and Decedent. On June 30, 2022, an explosion occurred in Amos’ apartment. He sat on a chair in his living room. The impact decimated one of the walls, Multiple neighbors witnessed Amos being thrown into the air and landing on the street below his apartment. First responders determined a gas leak caused the explosion. Amos never received warning or notice of a gas leak in the building prior to the incident. He later died at Memorial Hospital as a proximate and direct cause of the Defendant’s negligent conduct. 24. Asa direct result of the above-described incident and the negligence of the defendants, Decedent and Plaintiffs suffered damage to their real property. Decedent CLEVELAND AMOS lived for a period of time after being initially injured and he suffered injury and damages prior to his death. The Decedent and Plaintiffs sustained said damages in according to proof. Plaintiffs are the successors in interest to Decedent for the purposes of bringing an action under C.C.P. section 377.30 for any and all damages suffered by CLEVELAND AMOS prior to his death. Complaint ‘Amos, etal. v County of Kern, eta, 5io 2 B 4 1s 16 W 18 19 20 a 2 2B 28 25. Defendants, through their acts and omissions, breached the aforementioned duty by failing to exercise care in their operation and maintenance of said gas lines and equipment, including, but not limited to, failing to properly monitor and inspect the equipment, failing to properly repair the equipment, and failing to comply with applicable safety standards. 26. — Atall times herein mentioned Defendants PG&E and COUNTY failed to properly maintain a pipeline they knew posed a risk of serious injury or death to others, including these plaintiffs and decedents. Prior to the above-described incident, Defendant PG&E has been involved in multiple other lawsuits pertaining to the safety and maintenance of their equipment. In Kem County specifically, Defendant PG&E settled a case with individuals who suffered serious injuries from a high-pressure natural gas line explosion behind their residence in Bakersfield, California on November 13, 2015.! 27. Pursuant to California Government Code § 820, as public employees, Defendants and DOES 1-100 are liable for injuries caused by their acts or omissions to the same extent as a private person. At all times mentioned herein, Defendants and DOES 1-100 were acting within the course and scope of their employment and/or agency with Defendant PG&E and COUNTY. 28. Defendants PG&E and COUNTY are vicariously liable in respondeat superior for the injuries caused by the wrongful acts and omissions of Defendant DOES 1-100, its employees and agents, pursuant to California Government Code § 815.2. 29. Asa direct and proximate result of Defendants’ negligence, Plaintiffs sustained juries and damages, and against each and every Plaintiff is entitled to relief as set forth above. WHEREFORE, Plaintiffs pray for relief as hereinafter set forth, SECOND CAUSE OF ACTION (Violation of Cal. Gov. Code § 835 — Premises Liability) (PLAINTIFFS against Defendants PG&E, COUNTY and DOES 1-100) | Mayer, Steven. “PG&E settles with confidential payout to family in 2015 natural gas explosion lawsuit.” Bakersfield.com. August 11, 2022. https:/www.bakersfield.com/news/pg-o-settles-with-confidential-payout-to- family-in-2015-natural-gas-explosion-lawsuit/article_33f131e4-19¢6-1 Led-97ee-a313¢324820d html Complaint Amos, eal. vCounty of Kern, eta, 610 u 2 B 4 15 18 19 20 21 2 23 28 30. Plaintiffs re-allege and incorporates by reference paragraphs I through 29 of this Complaint, 31. The present action is brought pursuant to § 835 of the California Government Code. Pursuant to California Government Code § 835, as public employees, Defendants and DOES 1-100 are liable for injuries caused by their failure to give warming regarding a dangerous condition within their property. At all times mentioned herein, Defendants and DOES 1-100 were acting within the course and scope of theit employment and/or agency with Defendants PG&E and COUNTY. As such, Defendants PG&E, COUNTY and DOES 1-100 are liable in respondent superiors for the injuries caused by the acts and omissions of Defendants pursuant to § 835 of the California Government Code. 32. Atall times relevant herein, Park 20th Apartments were owned, operated, leased, rented, promoted, patrolled, secured, built, constructed, developed, designed, maintained, ‘inspect, repaired, managed, serviced or otherwise controlled by said Defendants, and each of them. 33. Defendants PG&E, COUNTY and DOES 1-100 negligently and carelessly owned, operated, leased, rented, promoted, patrolled, secured, built, constructed, developed, designed, maintained, inspected, repaired, managed, serviced or otherwise controlled the subject premises so as to create and/or permit the existence of a dangerous condition of the subject premises and/or on the subject premises presenting a foreseeable risk of a gas explosion. At all times relevant herein, Defendants, and each of them, had actual and/or constructive notice of the dangerous and unsafe conditions of the premises. 34. The subject premises were in a dangerous condition at the time the injuries and damages were caused. A gas leak occurred at the Park 20th Apartments. Defendants PG&E, COUNTY and Defendant DOES 1-100 failed to notify residents, keep the premises safe for residents, and properly own, manage, lease, run, oversee, and/or provide services to Park 20th Apartments. Amos did not suspect a gas leak. He sat in his apartment living room. An explosion went off inside or directly adjacent to Mr. Amos” apartment unit. The impact sent him flying out Complaint Amos, etal. v County of Kern, eta, 710 u 12 3 4 15 16 7 18 19 21 2 2B 24 28 of his apartment. He fell to the street two stories below. Bystanders attempted to render medical aid to Amos. Bakersfield Fire Department firefighters responded. Medics determined that Amos had only ten percent of his skin still intact. 35. Asadirect and proximate result of Defendants’ negligence and said dangerous and unsafe conditions of the premises, Decedent died from injuries sustained in the explosion. Plaintiffs suffered, and continues to suffer, damages including, but not limited to emotional distress and hospital and medical expenses. WHEREFORE, Plaintiffs pray for relief as hereinafter set forth. ‘THIRD CAUSE OF ACTION (Cal. Code Civ. Proc. § 377.60 — Wrongful Death) (PLAINTIFFS against Defendants PG&E, COUNTY and DOES 1-100) 36. Plaintiffs reallege and incorporate by reference herein paragraphs 1 through 35 of this Complaint. 37. Atall times, Defendants PG&E, COUNTY and Defendant DOES 1-100 had a duty to Plaintiffs and Decedent to maintain the complete enforcement of safety policies at the Park 20th Apartments, undertake reasonable steps to ensure that the apartment complex was ‘maintained in a safe and usable condition and free of any risks and dangers, and inspect for and ‘war against such risks and dangers. Decedent resided at a unit in the Park 20th Apartments, The Housing Authority of the County of Kem managed the apartment complex. 38. Defendants, through their acts and omissions, breached the aforementioned duty owed to Plaintiffs and Decedent. 39. ‘The wrongful conduct of Defendants, as set forth herein, did not comply with the standard of care to be exercised by reasonable persons and was generally negligent, proximately causing Plaintiffs and Decedent to suffer injuries and damages as set forth herein. 40. Pursuant to California Government Code § 815.2(a), Defendants PG&E, COUNTY and DOES 1-100 are vicariously liable to said Plaintiffs for injuries and damages Complaint Amos, etal. v County of Ker, etal, 810 " 12 3 4 15 16 W 18 19 20 a 2 24 28 suffered as alleged herein, incurred as a proximate result of the aforementioned negligent conduct of Defendants, its employees and agents. 41. Asa proximate result of Defendants’ conduct as set forth herein, Decedent died ‘from injuries sustained in the gas explosion. Plaintiffs suffered severe physical injury, severe ‘emotion and mental distress, injury having a traumatic effect on Plaintiffs’ emotional tranquility, loss of care, comfort, society, familial support, financial support, and damages. Plaintiffs are entitled to recover wrongful death damages pursuant to California Code of Civil Procedure §§ 377.60 and 37.61. WHEREFORE, Plaintiffs pray for relief as hereinafter set forth. FOURTH CAUSE OF ACTION (Wrongful Death - Negligent Hiring, Training and Supervision Against all Defendants) (PLAINTIFFS against PG&E, COUNTY and DOES 1-100) 42, Plaintiffs reallege and incorporate by reference herein paragraphs 1 through 41 of this Complaint, 43. PG&E and Defendant DOES 1-100, and each of them, at all times relevant hereto, owned, operated, controlled, managed, leased, loaned, borrowed, bailed and/or ‘maintained gas lines and equipment that supplied natural gas to Park 20th Apartments. 44, Defendants had a duty to exercise the utmost care and diligence in maintaining and operating said gas lines and equipment. 45. Defendants breached that duty by failing to exercise care in its operation and ‘maintenance of said gas lines and equipment, including, but not limited to, failing to properly inspect the gas lines and equipment, failing to properly repair the gas lines and equipment, and failing to comply with applicable safety standards. 46. The wrongful conduct of Defendants, as set forth herein, did not comply with the standard of care to be exercised by reasonable persons and was generally negligent, proximately causing Plaintiffs and Decedent to suffer injuries and damages as set forth herein Complaint Amos, et al. v County of Ker, eta. 910 u 2 13 14 1s 16 Ww 18 19 20 au 2B 24 28 47. Asa proximate result of Defendants’ conduct as set forth herein, Decedent died from injuries sustained in the gas explosion, Plaintiffs suffered severe physical injury, severe ‘emotion and mental distress, injury having a traumatic effect on Plaintiffs’ emotional tranquility, loss of care, comfort, society, familial support, financial support, and damages. Plaintiffs are entitled to recover wrongful death damages pursuant to California Code of Civil Procedure §§ 377.60 and 377.61. WHEREFORE, Plaintiffs pray for relief as hereinafter set forth. FIFTH CAUSE OF ACTION (Cal. Code Civ. Proc. § 3480 - Public Nuisance) (PLAINTIFFS against Defendants PG&E, COUNTY and DOES 1-100) 48. Plaintiffs reallege and incorporate by reference herein paragraphs 1 through 47 of this Complaint, 49. Defendants PG&E, COUNTY and DOES 1-100 owed a duty to the public, including Plaintiffs herein, to conduct their business, in particular owning, operating, leasing, renting, promoting, patrolling, securing, building, constructing, developing, designing, ‘maintaining, inspecting, repairing, managing, servicing or otherwise controlling Park 20th Apartments, in a manner that did not threaten harm or injury to the public welfare. 50. _Atall times relevant hereto, Defendants: (1) by failing to act, created a condition that was a blight, harmful to health and/or a fire and/or life-safety hazard; (2) created or maintained a condition that affected a substantial number of people at the same time; (3) that an ordinary person would be reasonably disturbed by the condition; (4) that the seriousness of the harm outweighs the social utility of Defendants’ conduct; (5) Plaintiffs and Decedent did not consent to Defendants’ conduct; (6) Plaintiffs and Decedent suffered harm to their health and safety, personal injury and/or death, which was different from the type of harm suffered by the general public; and (7) Defendants’ conduct was a substantial factor in causing Plaintiffs’ and Decedent's harm, Complaint Amos, eta. v County of Ker, etal, 1010 u 12 3 4 15 16 a7 18 19 20 aa 2 23 24 28 51. The hazardous condition which was created by and/or permitted to exist by Defendants affected a substantial number of people within the general public, including Decedent herein, and constituted a public nuisance under California Civil Code §§ 3479 and 3480, Public Resources Code § 4171, and California Code of Civil Procedure § 731. 52. Under California Civil Code § 3493 and California Code of Civil Procedure § 731, Plaintiffs have standing to maintain an action for public nuisance because the nuisance is especially injurious to Plaintiffs. Plaintiffs have suffered harm, injury, and damages. WHEREFORE, Plaintiffs pray for relief as hereinafter set forth. IXTH CAUSE OF ACTION Violation of Public Utilities Code § 2106 (PLAINTIFFS against Defendants PG&E, COUNTY and DOES 1-100) 53. Plaintiffs reallege and incorporate by reference herein paragraphs | through 52 of| this Complaint, 54. As Public Utilities, Defendants are legally required to comply with the rules and orders promulgated by the California Public Utilities Commission (“CPUC”) pursuant to Public Utilities Code § 702. 55. Public utilities whose failure to perform or inadequate performance of duties required by the California Constitution and/or a regulation or order of the Public Utilities Commission leads to loss or injury are liable, pursuant to Public Utilities Code § 2106, 56. Defendants are required to provide and maintain service, equipment, and facilities in a manner adequate to maintain the health, safety, and convenience of their customers and of the public, pursuant to Public Utilities Code § 451. 57. Through their conduct alleged herein, Defendants violated Public Utilities Code §§702, 451, and/or CPUC General Order No. 58A, thereby making them liable for losses, damages, and injuries sustained by Plaintiffs pursuant to Public Utilities Code § 2106 Complaint ‘Amos, e al. v County of Kern, eta, ul10 n 2 3 4 Is 16 1” 18 19 20 2 2 23 4 25 SEVENTH CAUSE OF ACTION Violation of Health and Safety Code § 41700 (PLAINTIFFS against Defendants PG&E and DOES 1-100) 58. Plaintiffs reallege and incorporate by reference herein paragraphs 1 through 57 of| this Complaint. 59. California Health and Safety Code § 41700 prohibits the discharge “from any source whatsoever quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property.” 60. _Atall times herein mentioned, PG&E was a utility company engaged in the transmission of natural gas through pipelines, and was responsible for the maintenance, marking, condition, burial, and all other aspects of the pipeline’s existence. PG&E and Defendant DOES 1-100, and each of them, at all times relevant hereto, owned, operated, controlled, managed, leased, loaned, borrowed, bailed and/or maintained gas lines and equipment that supplied natural gas to Park 20th Apartments. 61. Defendants’ operations discharged air contaminants and/or other materials in quantities which have caused or have a natural tendency to cause injury, detriment, nuisance, or annoyance, and endangered the comfort, repose, health, and safety of Plaintifis. WHEREFORE, Plaintiffs pray for relief as hereinafter set forth. JURY DEMAND Plaintiffs hereby demand a jury trial in this action. PRAYER WHEREFORE, Plaintiffs pray for relief, as follows: 1. For general damages according to proof; Complaint Amos, etal. v County of Ker, etal, 1210 2 B “ 1s 6 ” a 8 2 2.” For special damages, including but not limited to, past, present and/or future /wage loss, income’and support, medical expenses and other special damages in a sum to be determined according to proof; 3. For punitive damages and exemplary damages in amounts to be determined according to proof as to defendants PG&E, COUNTY, and DOES 1-100 and/or each of them; 4. Any and all permissible statutory damages; 5. For reasonable attorney’s fees pursuant to California Code of Civil Procedure § 1021.5; 6. For cost of suit herein incurred; and 7. For such other and further relief as the Court deems just and proper. Dated: January 18, 2023 Law Offices of John L. Burris Th Bumay bLtetev L Burriv John L. Burris, Benjamin Nisenbaum James Cook. Chris Dean Attomeys for Plaintiffs Complaine Amos, etal» County of Kern, eta, 3Q ‘SUM-100 SUMMONS TORCEURTIREOHY (40 rAeA USO DEA CORTED (CITACION JUDICIAL) NOTICE TO DEFENDANT: ELECTRONICALLY FILED {AVISO AL DEMANDADO): 2/16/2023 ‘COUNTY OF KERN, a miuicipal corporation; ‘SEE ATTACHMENT TO SUMMONS, Kem County Superior Court YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): Coen Deen, 'SHANEIKA AMOS, individually and as co-successor in interest to Decedent CLEVELAND AMOS; ‘SEE ATTACHMENT TO SUMMONS. [NOTICE You nave been sued. The cour may decide againe! you wahnout your being heard unless you respond witin 20 days. Read the information [petow. ‘You have 30 CALENDAR DAYS after this summons and legal papers are served on you to flea writen response atts court and have a copy {served onthe plant. letter or phone cal wl not protect you. Your wren respons® must be in proper legal form if you want the court o hear your case. There may be a cout form thal you can use for your response. You can fd these court forms and more information atthe Callomia Courts [Oniine Sel-Heip Center (ww courtnfo.ca.goviseiMep), your count law trary, or the courthouse nearest you. you cannot pay the ling fee, ask the {cout cierk for a fee waiver form. you donot fle your response on tme, you may lose the case by detaul, and your wages, money, and property may Ibe taken without futher warning fom the court, “There are other legalrequtements. You may want to call an atlomey right away: If you do not know an atomey, you may want to eal an attomy [referral service. you cannot afford an atlomey, you may be eligible for re legal services trom a nonprofit legal services program. Yau ean locale {nese nanprott groups a the California Legal Services Web site (ior layhelpeaiforia.og), the Cafforia Courts Online Sel-Help Center {wn courtn.ca.gowselMetp), or by contacting your local cout county bar association. NOTE: The court has a statutory len for waived fees and {costs on any satlement or arbiriton award of $10,000 er more in a eh cage. The cours in muel be pald before te court wil demas the case, (;aVISO! to nan demantado. Sino responde dentro de 30 das, a corte puede deca en su contra sin escuchar su verstén. Lea fa informacién a Icontinuactén. Tiene 30 DIAS DE CALENDARIO déspus de que le entrequen esta cacti y papeles legals para preseintar una respuesta por esorto en esta lcortey nacer que se eriregue una copia al demandante. Una carta o una famada eletGnica no io protegen. Su respuesta pr escito tene que estar len formato fega/coreco i desea que procesen su caso et la core Es posible que haya un formularo que usted pueda tar para su respuesta. lPuede encontrar estos ormularos de 2 rte y mas iformacia en el Cento de Ayuda de fa Cortes de Caiforna (nin sucorte ca gov), en fa liooteca de feyes de su condo 0 en la corte que fe quede ms cerca. Si no puede pagar i cuota de presentaién, pda al secretaro de fa corte que lea un formulario de exencin de pago de cuotas. Sto presenta su respuesta a lempo, puede perder e! caso por ncumplimlento y fa cate le pods |uitar su sueido, nero y Bienes sin ms advertenct. Hay ols requisites legaes. Es recomendabe que faime & un abogado inmediatamente. Sino eonoce a un abogado, puede lamar a un servicio de lemisién a abogades. Sno puede pagar. un abogado, es poste que cumpla con fs requistos para obtener servictoslegalesgratutos de un lprograms de servos egales sin fines de lucro. Puede encontfar estos grupas sin fines de lio ene! so web de Cattomia Legal Services, | /awhelpoatfomiaorg), en e! Cento de Ayuda de as Cortes de Calf, (wii sucore.ca,gov) 0 foniéndose en contacto can fe corte oe |colegio de abogados locales. AVISO: Por ey fa corte tiene derecho a reciamar as cuolas y 08 Costas exentos por imponer un gravamen sobre lcualquierrecuperacién de $10,000 6 més de valor reeiba mediante un acuerdo o una concesién de arbitraje en un caso de derecho ch. Tene que [pagar ef gravamen de fa cote antes de que fa corte pueda desechar ef caso. The naine and address ofthe court is: Sea (Elnomtre y directa de fa core es): Kem County Superior Court Bee 41215 Truxtun Ave. Bakersfield, CA 93301 ‘The name, address, end telephone number of plaintif's attomey, or plaintiff without an attorney, is: {Ei nombre, (a direccién y el nimero de teléfono del abogado dei demandante, 0 del demandante que no tiene abogado, 3): James Cook, Esq, Law Offices of John L. Bunis, 7677 Oakpot St. Ste. 1120, Oakland, qA 94624, (510) 859.5200, DATE: 2/16/2023 TaWARAH HARBER PICKENS. Clerk: by Cth i | Deputy (Fecha) (Sectetaro) ‘Acjunto) (or proof of sence of tis summons, uS6 Proot of Service of Summons (form POS-070), (Para prueba de entrega de esta citatién use ef formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: Yoit are served 1. [}s an individual defendant. 2 asthe person sued under the fictitious name of (spec) 3. [J] onbehatt of (specify): Under: [—] CCP 416.10 (corporation) [cer 416.60 (mino [a cep 416.20 (defunct corporation) I cee 416.70 (consorvatoo) [1 cc 416.40 (association or parinership). [—] CCP 416.90 (authotized person) Cottier (specity): 4A. [2] by personal devery on (date): aren ‘SUMMONS Tae aa ATS [Gaaemictannd [Rava thie tare] Iasisnemopomery nner rm poorer ey SUM-200(4 SHORT ITE: cASeNaER: Lee SE abs ve Soly senate, at ol: ‘BeV-23-100189 INSTRUCTIONS:FOR USE > This form may be used as an attichmant to anyy summons if space does not permit the fisting of al parties on the summons. +. if this attachment is used, insert the fllowing statement in the plaintiff or defendant box on the summons: “Additional Partios ‘Attachment form is attached” List additional parties (Check oniy one box. Use a separaie page for each type'of party): [1 Preitit [2] Defendant] cross-Complainant [7] cross Defendant PACIFIC ‘GAS & ELECTRIC COMPANY, a corporation; PG&E CORPORATION; a corporation; and DOES’ 1-100, inclusive, individually, jointly, and severally Page pad Gado air ‘ADDITIONAL PARTIES ATTACHMENT sui Soa i sy 307 ‘Attachment to Summons = Print thisForm |-creOK Spey ypemaT FO sASE FCT : SUM-200 SHORT TITLE: | amos, et ai. v. county of Kern, et al. Bev-23-100189 INSTRUCTIONS FOR USE > This form may be used as an attachment to any summons if space does not permit the sting ofall parties on the summons. > Ifthis attachment is usod, insert tho folowing statement in the lain or defendent box onthe summons: "Adkitional Parts ‘Attachment fori is attached." List additional parties (Check only one box. Use a separate page for each type of party.) [3] Plait — [=] Defendant [T] cross-complainant’ [} cross-Defendant KAMARTO AMOS, individually and as co-successor-in interest to Decedent CLEVELAND AMOS q Poge 2 of 2 - esos tat Fam heeeriaaaeny Os ‘ADDITIONAL PARTIES ATTACHMENT “suet Camel casa etn Meneses as [——— Print this Form:STOREY SREY OIHOUT ATG ie Sa an OS =r VOPR: BURRIS, E59. (SBN 69888), JAMES COOK, Esq. (SBN 300212) 0 i of John |- Burs, 7877 Oakport St. Sto: 1120, Oakland, CA 94621 ‘usr: (510) 899.5200°° axa ss: (510)'890:9882 ana ropes. james cookeQjohnbunslaw.com, ELECTRONICALLY FILED rom ror nn: Pintils SHANEIKA AMOS and KAMARIO AMOS 172312023 1:18 PM [SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN Kern County Superior Court ‘STREET ADORESS: 1215 Truxtion Ave! . . By Ali Jan, Deputy va OORESS: 1215 Tren VO - lorvmozecece Bakersfield, CA 93901 ae —-. erancune Kein County Superior Cult - . 3 CASE NAME: J Aves, eal Comiy orkem.eta 2 = CIVIL CASE COVER SHEET ‘Complex Case Designation | BEV9F100189. -_ — s [2] Untinited Limited [Joon ) donaer | -|8 (amount amount | icawan rst, ad demanded demandedis rere: a0 ae - exceeds $25,000) $25,000 ortess)| (Cat Rules of Court rute3.402) | seer: : ‘toms 1-6 below must be complated (see instructions on page 2 1. Chieck one box below for the case type that best describes this case: ‘Auto Tort Contract Provisionally Comiptex Civ Litigation (a) Ato (22) [J] Breach of contractiwarranty (06). (Cal. Rules of Court, rutes 3:490-3.403) {£3} Uninsured miotorist (46) TE) Rute 3.740 conections (a9) [}) “Antitrustrrade regutation (03) ‘ther PUPOMWD (Personal nluryiProperty [=] coer catections (09) cotstructon detect (10) Genisaeirvongra em) Toe a) insurance coverage (8) tas tort) a) Asbestos (04) (2) omer contract (sr) [secures weston 28) Ci) Proc tty (24) Real Property [5 Envionmentarrraxie tort (90) (Ta) eaicat matpractce (45) ea] eonet ominnvierse [ iatance coverage clams arising rom the [32] otter PuPDWD (23) ‘condemnation (14) ‘above Ksted provisionally complex case [Non-PUPDAWD (other) Tort co ‘ronal emetic (3) etd seieea e ecgeata: Business torVuntat busines practice (97), [=~] Omer real property (26) a Cal entupeson Gian bua treme thm 2) Miseelaneous Civil Compiaint [EE Detamaton (13 [3 commereat(s4) [1 reoen () Frauaciy (] Reset (2) (oer compat ot pecmed above) 2) (5) intettectua propery (19) T) brs ce) ‘Miszellaneous Givil Petition 2 Protessional negngeice (25) sacl ei 1 Patnerstp sin comport goveriance (21) [a oer non-PuPo/W0 tot (5) [2 Astetrerfure (05) tebtiyaoeue [Ea] Pemionse:artranon avara(11) [_] Giher peton (nt specited above 43) [2] wrongi termination (35) [3 wart ormaneate 2) a] oter employment (15) [2 ater jut! veview (39) 2 This case [—] is- [3G] isnot complex under rule 3.400 of the Calfornia Riles of Court ifthe casé is complox, mark the factors requiring exceptional judicial management: F a. [] Large number of separately roptesented parties. d. [—] Large number of witnesses b, [=] Extensive motion practice raising ifcutor novel | e. [=] Coordination with elated actions pending in one or mare issues thal wil be tie-consuring fo resolve courts in other counties, sales, or counties, or a federal c. [7] Substantial amount of documentary evidence court {._ [7 Substantal postudgmént judicial supervision ‘3. ‘Remedios sought (cfiack ail that apply): a. [2] monetary b: [".] nonmonetary; dectarafory or injunctive relief c. [5] punitive. 4. Number of causés 6f action (specify). 7 genetal negligence; wrongful death, premises Kabllty, pubie nuisance): © — 5. Thiscase [—).is [€] isnot a class action suit, 6 aia ma mene ements ™ "M015; Date: January 18, 2023 dames Cook, esa, 4 Con ron [Scantune or rare GRATTORIETFORERTY . Parl nus ois oer hot wth fis pape tata Soo rocoeng (except small claims cases or cases fled ‘under the Probate Code, Family Code, or Welfare and institutions Code). (Cal, Rules of Court, rule 3.220.) Failure to fle may result in sanctions. + File this cover sheet in addition to any cover sheet required by local cour rule. +f this case.is complex under le 3.400 et sea: ofthe Califomia Rules of Court; you must serve a copy of this cover sheet on all ‘other parti tothe action or proceeding: + Unless this isa collections case under le 3.740 ora complex case, this cover sheet willbe used for statistic purposes only. "dew once CIVIL CASE COVER SHEET. Sy See ace EBs 2023ISTRUCTIONS ON HOW TO. COMPLETE THE COVER SHEET M010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must * compete and fie, along wih you st paper, tho Civil Case Cover Sheet contained on page 1. This information wil be used to comple. statsies about the types and numbers of cases fied. You must complete items 1 trough 6 onthe shoe. In item 1, you must checke ‘one box forthe case type thal best describes the case. Ifthe case fis both a goneral and a more speci ype of case listed in tem 1, check the more specie one. th case has muliple causes of action, check the box that best indetes the primary cause of action ‘To sss you in completing the shee, examples of he cases that belong under each case ype lem 1 are provided below. A cover ‘sheet must be filed only with your initial paper. Failure to fle a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2:30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740.is defined as an action for recovery of money owed ina sum stated to be certain that is not more than’ $25,000, exclusive of interest and attomey’s fees, atising from transaction in which property, services, or money was acquired on credit. A collections case does not include an action Seeking the following: (1) tort ‘damages, (2) puntve damages, (3) recovery of real property, (4) recovery 6f personal property, or (5) a prejudgment wat of attachment, The identification ofa case as.a rule 3740 collections case’on this form moans that it willbe exempt from the general {ime for service requirements and case management rules, unless a defenctant files a responsive pleading. A rule 3.740 collections ‘case wil be subject to the requirements for service and obtaining a judgment in rule 3.740, ‘To Parties in Complex Cases. In complex cases only, patios must also use tho Civil Case Cover Sheot fo designate whether the ‘case is complex. If plaintiff belioves the caso is compiex undor rule 3.400 of the Califomia Rules of Court, this must be indicated by ‘completing the appropriate boxes in tems 1 and 2. (fa plaintiff designates a.case es complex, the cover sheet must be served with the ‘complaint on al paties tothe action. A defendant may fle and serve no later than the time ofits frst appearance a joinder in the plaintf's designation, a counter-designation thatthe case is not complox, or, ifthe plaintiff has made no designation, a designation that ‘ho caso is complex. ‘Auto Tere ‘Ao (22) Perso utyPropety ‘Damagerrongtl Death Uninsured Motors (46) ¢F ne ase involes an uninsured motorist lan sunjct axptraton, heck is em Instead of Ato) ‘otnerPLPDIWD (Personal Injury Property DamagerWrongful Death) ‘Tort (CASE TYPES AND EXAMPLES Contract” ‘Breach of CoitraciWarranty (06) Breach of RentalLease ‘Contract (not unfawtu detainer ‘or wrongtl evition) ‘ContraciWarranty Breach-Seter. Paint (not fraud or neggenoe) [Negijent Breach of Contract ‘Warranty ‘other Breach ot Contracuwamranty Ccatections (eg, money owed, open Provisionally Complex Civil Litigation (Cal. Rullés of Court Rules 9.400-3.409) ‘AsitrusvTrade Regulation (08) Construction Detect (10) Claims involving Sass Tot (40) ‘Secures Liigation (28) EnwronmentalToxie Tor (20) Insurance Coverage Cis {arg tom provisional compiex ‘ease ype isted above} (41) Enforcement of Judgment z oo accounis) 5) 7 "Srabetos Proper Damage Cotecien Case-Setet Panam on pos of gmat (tot Aspens rer Daag ‘ne Promisor NoiCobectons mata Cave ‘wrong Death Confession of udgment on- roduc Unt fo eben or Inewrance Coverage (not provisionaty domestic relations) foo toxiafenvironmental) (24) ‘gomplex) (18) ‘Sister State Judgment ‘Medical Malpractice (45) aren ‘Administrative Agency Award ie snyetcars 8 Surgeons ter Conta 7 edtoncetaatin of nt of Other Professional Health Care ‘Contrachual Frond _Judgment on Unpaid Taxes ‘Malpractice ‘Other Contract Dispute: ‘Other Enforcement of Judgment ‘ther PUPDIWD (23) Rent Propary ‘case Premises Liabilry (e.g. slip oa mate ent Civil Complaint a nde Inatona By tiyPDAWD: \vongfud Eviction (3S) ‘Other Compiaint (not specie (@g., assault, vandalism) ‘Other Real Property (e.g.. quiet title) (26) ‘abave) (42). Intentional tftiction of Wilt of Possession of Real Property Deciaratory Retief Only rotonal Dates ongage recone Inpnctve let Ont fron nal cess Other Real Property (not eminent ‘Mechanics Lier: ober prom. ‘toman, anabratenan, or Otter Commer Complit Non-yeDIWo (other Tort ‘oreaetur) Case nomenon omnes) isiness TO“UNa Bushess Uniawte Detainer ote Compl Practice (07) ‘Commercial (31) (non-tortinon-complex) Civ Rights (e.g, ascriminatio, Residential (32) ‘Miscellaneous Civil Petition alse arrest) otctd ‘Drugs (98) (te case invowes iega Partnership and Corporate racine) (0) huge cteck infer eens, ‘Governance (21) Demet (eg, stander, libel) Fossa neler eee Gther Petition (not specified Fraud) ‘Asset Foster (05) Sua reresamest Ite Pope (19) Petton Re; Arian Award (11) Worcs Vience Pression Negigence 25) teams 02) eerbependert Act (ber Pessoal apace ‘Wet-Mangamus on Lmtd Cout cxecnon Contest (nol medica! or legal) Case Matter Petition for Name Change tier Non PUPDAVD Ta 5) Wot ther ites Cout case Petton for Reet Fom Lite Empioyment ‘cae ‘ ‘ter Ja ee 29) aronghTemintio26) at Review (9) ‘omer Gut Petton tne Employment (1) Review ot Heath Or SE eas cota aioe GIA CASE COVER SHEET mandala tin a ive please press th Car see teee EU eal dL 02 1p ( 0002100086 MAILED FROMZIP vores oF HN L. BURRIS ee FEB 2 3 my 3677 OAKPORT STREET, SUITE 1120 OAKLAND, Ca 94621 Kern County Clerk 1115 Truxtun Ave. Sth Floor Bakersfield, CA 93301