Carlson v. Kohl's Department Stores, Inc.

Filing 7

STIPULATION and ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT signed by Judge Lawrence K. Karlton on 8/8/13; ORDERING that plaintiff is granted leave to file the First Amended Complaint, which is attached hereto as Exhibit A. (Kastilahn, A)

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CHRISTOPHER W. WOOD, ESQ. / SBN: 193955
LARRY Q. PHAN, ESQ. / SBN: 284561
DREYER BABICH BUCCOLA WOOD CAMPORA,
20 Bicentennial Circle
Sacramento, CA 95826
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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LLP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ETTA CARLSON,

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Plaintiff,

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v.

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Case No.: 2:13CV-1186-LKK-EFB
STIPULATION AND ORDER GRANTING
LEAVE TO FILE FIRST AMENDED
COMPLAINT

KOHL'S DEPARTMENT STORES, INC., and
DOES 1 through 10, inclusive,
Defendants.

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Plaintiff ETTA CARLSON and Defendant KOHL’S DEPARTMENT STORES, INC., by and

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through their respective counsels, submit the following Joint Stipulation and request that the

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Court grant Plaintiff leave to file a First Amended Complaint pursuant to Rule 15(a) of the

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Federal Rules of Civil Procedure:
STIPULATION

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1.

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Plaintiff filed her complaint on April 2, 2013 in Sacramento County Superior Court,

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naming KOHL'S DEPARTMENT STORES, INC. (hereinafter referred to as “KOHL’S”)

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and DOES 1 through 10 as defendants;

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2. On June 13, 2013, Defendant KOHL’S filed its answer and demand for jury trial in

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Sacramento County Superior Court and removed this case to the Eastern District of

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California;

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-1Stipulation and Order Granting Leave to File First Amended Complaint

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3. On June 17, 2013, Plaintiff discovered that the true identity of defendant DOE 1 was

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GARY WULZEN. GARY WULZEN struck plaintiff in the back with a pallet jack / cargo

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truck on the date of the incident, and is a resident of the State of California, County

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of Sacramento; and

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4. Plaintiff should be granted leave to amend to file her First Amended Complaint to

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name defendant GARY WULZEN as an additional defendant, a copy of which is

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attached hereto as Exhibit “A.”

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Good cause exists because Plaintiff just learned on June 17, 2012, after Defendant

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KOHL’S had removed this case to the Eastern District of California, that GARY WULZEN was the

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name of the KOHL’S employee who struck Plaintiff with a pallet jack.

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IT IS SO STIPULATED:

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DATED: Aug. 8, 2013

DREYER BABICH BUCCOLA WOOD CAMPORA,

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By:

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DATED: Aug. 3, 2013

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Christopher W. Wood, Esq.
Attorneys for Plaintiff
ETTA CARLSON

MANNING & KASS, ELLROD,
RAMIREZ, TRESTER, LLP

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/s/ Larry Q. Phan for Christoher W. Wood

By:

/s/ Jeffrey M. Lenkov
Jeffrey M. Lenkov, Esq.
Attorneys for Defendant
KOHL’S DEPARMENT STORES, INC.

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-2Stipulation and Order Granting Leave to File First Amended Complaint

LLP

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ORDER
Good cause appearing therefor, IT IS HEREBY ORDERED that plaintiff is granted leave
to file the First Amended Complaint, which is attached hereto as Exhibit “A.”

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DATED: August 8, 2013.

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-3Stipulation and Order Granting Leave to File First Amended Complaint

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EXHIBIT A

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-4Stipulation and Order Granting Leave to File First Amended Complaint

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CHRISTOPHER W. WOOD, ESQ. / SBN: 193955
LARRY Q. PHAN, ESQ. / SBN: 284561
DREYER BABICH BUCCOLA WOOD CAMPORA,
20 Bicentennial Circle
Sacramento, CA 95826
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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LLP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ETTA CARLSON,

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Plaintiff,

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v.

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Case No.: 2:13CV-1186-LKK-EFB
FIRST AMENDED COMPLAINT FOR
PERSONAL INJURIES

KOHL'S DEPARTMENT STORES, INC.,
GARY WULZEN and DOES 1 through 10,
inclusive,
Defendants.

/

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FIRST CAUSE OF ACTION

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(Personal Injury: ETTA CARLSON)

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Plaintiff ETTA CARLSON complains against Defendants KOHL'S DEPARTMENT STORES,
INC., GARY WULZEN and DOES 1 through 10 and alleges as follows:
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The true names and capacities -- whether individual, corporate, associate or

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otherwise -- of Defendants DOES 1 through 10, are unknown to Plaintiff, who therefore sues

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such DOES by such fictitious names.

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names and capacities when the same have been ascertained.

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DOES 1 through 10, are legally responsible in some manner -- negligently, in warranty,

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strictly, or otherwise -- for the incident that is the subject of this Complaint.

Plaintiff will amend this Complaint to show their true

-5Stipulation and Order Granting Leave to File First Amended Complaint

Each of the Defendants, and

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2.

Plaintiff is now, and at all times herein mentioned was, a citizen of and resident

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within the County of Eldorado, State of California. Plaintiff further alleges that each Defendant

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is a citizen and resident of, or doing business within, the County of Sacramento, State of

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California. The amount in controversy is in excess of the minimal jurisdictional limits of this

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Court.
3.

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That it is unknown by Plaintiff at this time whether Defendants, KOHL'S

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DEPARTMENT STORES, INC., GARY WULZEN and DOES 1 through 10, are doing business as a

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partnership, corporation or other type of entity, and Plaintiff will ask leave to amend this

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pleading to set forth their true names and capacities when the same have been ascertained.
4.

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Plaintiff is informed and believes and upon said information and belief alleges

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that at all times herein mentioned, Defendants, and each of them, are, and for a long time

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prior thereto, were owners and/or in possession of the certain premises located at 1013 Riley

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Street, Folsom, California.
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That Plaintiff is informed and believes and thereon alleges that, at all times

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herein mentioned, Defendants, GARY WULZEN and DOES 2 through 5, and each of them, were

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acting within the course and scope of employment by Defendants, KOHL'S DEPARTMENT

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STORES, INC., and DOES 6 through 10, and each of them.
6.

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That on or about October 25, 2012, Plaintiff ETTA CARLSON, while legally on the

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premises as described hereinabove, was looking at a bedding display in the bedding

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department when she was struck in the back by a pallet jack / cargo truck that was loaded

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with merchandise and being pushed by Defendant GARY WULZEN, causing injuries and

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damages to Plaintiff.
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That at said time and place, Defendants, and each of them, negligently caused,

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permitted, constructed, managed and maintained, inspected, supervised, etc., said cargo truck

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permitting them to be in a dangerous, defective and hazardous condition in an area allowed for

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usage of persons lawfully on the premises.

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-6Stipulation and Order Granting Leave to File First Amended Complaint

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As a result of the negligence of Defendants, Plaintiff ETTA CARLSON suffered

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personal / bodily injuries, resulting in economic and non-economic damages.

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damages include, but are not limited to, (1) past and future medical and/or ancillary related

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expenses, (2) past and future income and/or earning capacity loss, (3) loss of ability to provide

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household services, and (4) incidental and consequential damages and/or property damage

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and loss of use. Non-economic damages include, but are not limited to (1) past and future

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physical and mental suffering, (2) loss of enjoyment of life, (3) physical impairment, (4)

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inconvenience, (5) anxiety, and (6) emotional distress.

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Economic

Plaintiff ETTA CARLSON prays for judgment against Defendants for:

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a.

Non-economic damages in excess of the jurisdictional limit of this Court;

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b.

Exemplary damages in a sum according to proof;

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c.

All medical and incidental expenses according to proof;

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d.

All loss of earnings according to proof;

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e.

Prejudgment interest to the extent permitted by law;

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f.

All costs of suit; and

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g.

Such other and further relief as this Court may deem just and proper.

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DATED: August 7, 2013

DREYER BABICH BUCCOLA WOOD CAMPORA,

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By:

/s/ Larry Q. Phan
LARRY Q. PHAN

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-7Stipulation and Order Granting Leave to File First Amended Complaint

LLP