eA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jul-27-2017 12:03 pm Case Number: CGC-17-560425 Filing Date: Jul-27-2017 11:56 Filed by: KALENE APOLONIO Image: 05962815 COMPLAINT LESLIE LAPAYOWKER VS. AIRBNB,INC. ET AL 001005962815 Instructions: Please place this sheet on top of the document to be scanned.SUMMONS (90C 5 PAE 50 BE A CORTE) (CITACION JUDICIAL) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): "AIRBNB, INC.,.a Corporation, AIRNB PAY MENTS, INC., a Corporat ion, CARLOS DEL OLMO, an individual, and DOES 1-20 SUM-100 YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): CESLIE LAPAYOWRER, a yi WL UiUAL NOTICE! You fave been sued. The Goo may decide against you wibout your balng heard unless you respond wifin 30 days, Read bw ivoraion below. ‘You have 30 CALENDAR DAYS after this summons and legal papers ar served on yout fil a writen response at this court and have a copy served on the pall. eter or phone cal wil not protect yu. Your wren response must be in proper legal erm i yu wart he cout To hear your ase. There may be a court form that you can use for your response. You can find these cour forms and more information atthe Calfomia Courts nine Sel-Help Center (www. courtnfo.cs gowfsethetp, your count law iar oF the courthouse nearest you. H you cannot pay te fling fe, ask ‘the court rk fra foe waiver form. you donot fle yabr response on Um, you may lose the case by defi, and your wages, money, and property ‘may bo taken witeut futhor warning fem the cour. “There ar oer logal requirements. You may want to cal an aomey ight away. you do not know an atomey, you may want to call an attomey reteral orc. i you cannot aford anatomy, you may be ebgibe fr fee legal services from a nonprofit egal services program. You can locale ‘hese nonprofit groups atthe Calforia Legal Services Web sie (ww Jawhepcalforia. or), the California Courts Onine Sel Hap Cooter (wri courte. gou/setIop), of by contacting your local cout or county bar association. NOTE: The cout has 9 salvar en for wales fos and ‘oats. on any settomont or arivaton award of $10,000 or more nach case, The cours don must be pald before the court wil dsmiss th ease. JAVISO! Lo hen demandado. Si no responde dentro de 30 dies, la corte puede decir en su contra sn escuchar su vesin, Lea ls informacion @ ‘ontinuacin, ‘Tone 20 DIAS DE CALENDARIO desputes de quo le entreguen esta ctaién y papole lagales pera presenta una respuesta por asco an esta carte yhacor que #8 enfregue Una copa al demandanta. Una carta una lamads fteonica no lo protegen. Su respusela por esc tone que estar ‘en formeto legal correcto si desee que proceson su caso an le corte. Es posite que heys un formuaro que usted pueda usar pars su respuesta Puede encontrar esos formulas dela corte y mas informacion en el Centro de Ayuda do las Cotes de Calfomia www Sucortea.gov), of la biboteca de lees de su condado 0 en Ia corte que le quade mas cere. Sino puede pager a cuots de presentacén, pide al secret dela cote {ue fo un frmulario de exancion de pago de cuotes. Sino presen su respuesta ome, puede pardr a caso por incumplimianto la cot To odd qutr su suelo, dinero y bioes sin mas advortencia Hay os requisites legates. Es rocomendable que lame a un abogado Inmedtamente. Sino canoce aun abogado, puede Hamar aun sonic do remistn a abogades. Sino puede pagar a un abogedo, es posible que cumpla con bs requis para obtener servicios lgalesgratutos do un ‘rograme de servicios logales sin ines de luc. Puede encontrar estes grupos sn fines de lueo ena ito wab de Calfomis Legal Services, (sew lawhelpealfoma or), ane! Cont de Ayuda dol Cortes de Calfomia, (wu. suote.ca gov) 0 poniandase on contacto con la corte o a! tolegia de abogados locales. AVISO: Por ley a core tiene derecho a reclamar las cuotes fos costa exentos por mponerun gravamen sobre cualquier recuporaién de $0,000 6 ms do valor recbide mediante un acverdoo una concesion do arora en un caso de doch evi. Tone QUO agar el gravamen dela corte antes de que la corte pueds desechar el caso. ‘The name and address ofthe courts = cs ee ete 7 -560425 ‘The name, address, and telephone numberof plants attorney, or plain without an attorn (El nombre, la gireccién y el nimero de feléfono del abogad, del demandante,o del demandante que no_tione sbogado, es): “Teresa Li, Esq., Law Offices of Teresa Li, PC, 315 Mongomery Street 9th Wloor, San Francisco, CA 94104 DATE: JUL 27 2017 Deputy (esta) CLERK OF THE COMET unt {Far prot of sia oT i summons, 0 Proof Sov ot Summons fom POSIT) {Para procs de ange do ota claian ie ol ormere Prost Ol Series cf Sermons, (POS-010) NOTICE TO THE PERSON SERVED: You are served +. [J as an individual defendant. BY FAX 2, F] as the person sued under the fetitous name of (speci): ONE LEGAL ULC 3, [1 on behatt of (specify): under: ce? 416.10 (corporation) [cor 41660 (minor) [oP 416.20 (dehunet corporation) =]. CCP.416.70 (conservatee) [J cP 416.40 (association or partnership) [==] CGP 416.00 (authorized person) (other (specity): 4 (7 by personal delivery on (date) —__ _ ro tett "ide Cocotte ‘SUMMONS: Sone erage a Sas 97 00,eae CO 10 uw 2 1B 14 15 16 2 23 24 25 26 a7 28 Teresa Li (Bar No. 278779) teresa@lawofficesofteresali.com LAW OFFICES OF TERESA LI, PC 315 Montgomery Street, 9th Floor San Francisco, California 94104 Telephone: "415.423.3377 Facsimile: 888.646.5493 Attorneys for Plaintiff LESLIE LAPAYOWKER FILED Bar Francioco County Sapesor Cout JUL 27 2017 Ee SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO- UNLIMITED JURISDICTION LESLIE LAPAYOWKER, an individual Plaintiff, AIRBNB, INC., a Corporation, AIRBNB PAYMENTS, INC., a Corporation, CARLOS DEL OLMO, an individual, and DOES 1-20 Defendants. cose NPC 17-560425 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF BREACH OF FIDUCIARY DUTY NEGLIGENCE FALSE ADVERTISEMENT CONSUMERS LEGAL REMEDIES ACT (Civ. Code § 1750 et seq.) SEXUAL BATTERY INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, FALSE IMPRISONMENT ASSAULT JURY TRIAL DEMANDED Plaintiff LESLIE LAPAYOWKER hereby files this Complaint for Relief and Demand for Jury Trial against Defendants AIRBNB, INC., a Corporation, AIRBNB PAYMENTS, INC., a Corporation, CARLOS DEL OLMO, an individual, and DOES 1-20 alleges as follows: PARTIES AND JURISDICTION 1, Defendant AIRBNB, INC.’s principal place of business is 888 Brannan Street, San Francisco, CA 94103. 2. Defendant AIRBNB PAYMENTS, INC.’s principal place of business is 888 ‘COMPLAINT BY FAX ‘ONE LEGAL ULC10 n 12 13 4 15 16 7 18 19 20 2 22 23 24 25 26 27 28 Brannan Street 4th Floor, San Francisco, CA 94103. 3. Defendants AIRBNB, INC. and AIRBNB PAYMENTS, INC. are collectively referred to as AIRBNB. 4, During all relevant time, the alleged injuries occurred in the County of Los Angeles within the State of California. 5. Plaintiff is unaware of the true names and capacities of those Defendants sued herein as DOES 1-20, inclusive, and therefore sues said Defendants by such fictitious names. Plaintiff will amend this Complaint to allege the true names and capacities of said Defendants, ‘when the same have been ascertained, together with such other charging allegations as may be appropriate. 6. Plaintiff is informed and believes, and thereupon alleges, that each Defendant designated as a DOE is responsible, negligently or in some other actionable manner, for the events and happenings hereafter referred to, and caused injuries and damages proximately thereby to plaintiffs, as hereinafter alleged, either through said Defendants’ own negligent conduct, or through the conduct of their agents, servants or employees, or in some other manner as yet unknown. 7. Plaintiffis informed and believes, and thereupon alleges, that at all times mentioned herein, defendants and each of them, were the agents, servants, employees, independent contractors and/or joint venturers of their co-defendants and were, as such, acting within the scope, course and authority of said agency, employment, contract, and/or joint venture, or acting in the concert, and that each and every defendant, as aforesaid, when acting as a principal, was negligent in the selection, hiring, training, control, and supervision of each and every other defendant as an agent, servant, employee, independent contractor and/or joint venture. 8. Atsome or all relevant herein, each Defendant was the agent of each other defendant, each Defendant was acting within the court and scope of that agency, each Defendant ratified the conduct of the other Defendants with actual and/or constructive knowledge of such conduct, and each Defendant was subject to and under the supervision of the other defendant. 2 ~~ COMPLAINTewe r)esa 10 uw 12 13 14 15 16 7 18 19 20 21 2 23 24 25 26 27 28 GENERAL ALLEGATIONS. 9. tall relevant period, AIRBNB offers to lease or rent, solicits lis igs of places for rent, solicits for prospective tenants, negotiates the lease of a real estate property, and collects rents from real property. 10. Forall purposes, AIRBNB acts as a real estate broker. It is more than just an internet platform where lessor and lessee meets. 11. In particular, AIRBNB suggests, recommends, and advises its lessor on how to effectively lease or rent his/her place by describing various characteristics of the real estate property including but not limited to the number of bedrooms available, the number of bathrooms available, the size of the real estate property available, any features of the real estate property, any amenities onsite, any local attractions or things to do in the area, and how to get around town. 12. AIRBNB also offers professional photography services to its lessors for the sole purpose of advertising their real estate property on AIRBNB’s website to promote the lease or rental of the property. _ 13. AIRBNB also suggests, recommends, and advises its lessor on leasing or rental price based on their real estate property’s geographic location, size, the leasing price of a similar real estate property in the community, and other factors. 14, Ifa lessor does not have enough rental bookings, AIRBNB also suggests, recommends, and advises the lessor on how to drive more traffic to his or her web page to promote more rental bookings. 15. Once a potential lessee requests a booking, AIRBNB collects an advance payment or rent from the real property on behalf ofits lessor atthe time of the booking for the entire uration of the lease, and distributes the payment or rent to its lessor within 24 hours after the lessee’s arrival. 16. Despite engaging in these enumerated activities, AIRBNB does not hold a broker's license in violation of Section 10130 of California Business and Professions Code. 17. Unlike other pure platform websites such as Craiglist, AIRBNB creates a false 5 ‘COMPLAINTCm rane un 10 u 12 13 14 15 16 7 18 19 20 21 2 23 24 25 26 27 28 sense of security to its lessors and lessees. a, AIRBNB held and continues to hold itself out to the public as “a trusted community marketplace for people to list, discover, and book unique accommodations around the world.” b. _AIRBNB ranks its lessors and issues “Superhost Badge.” This creates an appearance that these lessors endorsed by AIRBNB are safer and more reliable options. c. _ AIRBNB also issues a green check mark right next to the word “Verified” to certain lessors. This also creates an appearance that these lessors are verified by AIRBNB to be safer and more reliable options. 4. AIRBNB takes out “Host Protection Insurance” that acts “as primary insurance and provides liability coverage to hosts” or lessors. €. _AIRBNB also provides “AIRBNB Host Guarantee” which protects lessors against damages to their own possessions or unit of property damage by their lessees in listings. f. _. AIRBNB also provide free photography service to its lessors to make the listing took professionally managed and maintained. 8 AIRBNB uses words including but not limited to “trust,” “safety,” “home,” “trusted community” repeatedly on its website to create a false sense of security. 18. However, on information and belief, AIBNB does not perform background checks on ts lessors or lessees. 19. AIRBNB also does not disclose to its lessors and lessees that it does not perform background checks on its lessors or lessees. 20. In 2016, Plaintiff sold her house, accepted a new job, and moved to Los Angeles to start her life in Los Angeles. 21. Plaintiff booked a studio attached to a house located at 339 North Hobart, Boulevard GH A, Los Angeles, CA 90004 through AIRBNB, while she looked for a permanent apartment. The booking was for 30 days for a total of $2,541.00 in rent. 22. Plaintiff paid the entire $2,541 to AIRBNB at the time of the booking. 4 COMPLAINT23, At the time of the booking, AIRBNB listed the lessor’s name as “Carlos” without his last name but with its “Superhost” badge next to his name. 24. AIRBNB also put a green check mark and the word “Verified” next to “Carlos” name, 25. tthe time of the booking, Plaintiff relied on AIRBNB’s representations that itis “a trusted community” and that “Carlos” is a safer and more reliable option due to his “Superhost” status and the fact that he had a green check mark and the word “Verified” next to his name. 26. Defendant CARLOS DEL OLMO is actually “Carlos” who in 2013 had an arrest and a battery charge against him for domestic violence against his ex-girlfriend in the Miami Dade County of Florida. 27. Defendant CARLOS DEL OLMO was enrolled in a Pre-trial diversion (“PTD”) program for eight months (PTD is an alternative to prosecution sponsored by the Miami Dade County State Attorney's Office.). On information and belief, as part of the PTD program, Defendant CARLOS DEt: OLMO had to attend anger management classes. 28. As recent as February 2015, approximately a year before Plaintiff's booking, Defendant CARLOS DEL OLMO was re-enrolled into the PTD program. 29. _Atall relevant times, AIRBNB failed to disclose Defendant CARLOS DEL OLMO’s criminal history to Plaintiff. 30. On information and belief, AIRBNB did not do a background check on Defendant CARLOS DEL OLMO. 31. _Attthe time of the booking, AIRBNB failed to disclose that it did not do background checks on Defendant CARLOS DEL OLMO. 32. Onor about July 16, 2016, Plaintiff arrived at Defendant CARLOS DEL OLMO’s place in Los Angeles. 33. Plaintiff quickly found Defendant CARLOS DEL OLMO disturbing. Plaintiff saw him acting inappropriately by making sexually suggestive comments, using drugs in front of her ‘COMPLAINTSewrxaueun i 12 13 14 15 16 7 18 19 20 21 22 23 Pry 25 26 27 28 and his under-aged son, pounding on her windshield while she was sitting inside her car, and yelling at his under-aged son loud enough that she could hear it in her room. Plaintiff decided to leave after only three nights. 34, However, Plaintiff forgot her personal items at Defendant CARLOS DEL OLMO’s property. On July 27, 2016, when Plaintiff went back to retrieve her personal items, she told Defendant CARLOS DEL OLMO that she was moving out early. 35. Defendant CARLOS DEL OLMO told Plaintiff that he wanted to show her something of importance inside the studio. Plaintiff followed him inside and then he locked the door and kept plaintiff in a chair against her will. 36. Defendant CARLOS DEL OLMO then dropped his shorts and started ‘masturbating in front of Plaintiff. He also demanded Plaintiff to “taste it” and “touch it.” 37. Plaintiff repeatedly told him to stop and he refused. 38. Defendant CARLOS DEL OLMO repeatedly subjected Plaintiff to verbal and emotional abuse. 39. During this time, Defendant CARLOS DEL OLMO also forcefully shoved his tongue into Plaintiff's mouth. 40. Then Defendant CARLOS DEL OLMO grabbed Plaintiff's arms as he ejaculated into a trashcan. 41, Defendant CARLOS DEL OLMO took the trash with him and walked out of the room. 42. Defendant CARLOS DEL OLMO’s last words to Plaintiff were “Don’t forget to leave me a positive review on Airbnb.” 43. Plaintiff felt paralyzed with fear, terrified and traumatized by the assault. 44, Plaintiff has since been diagnosed with severe post-traumatic stress disorder (*PTSD”). 45. Asaresult, the incident derailed Plaintif’s life. Plaintiff is emotionally and psychologically traumatized and is undergoing therapy for having suicidal thoughts. Plaintiff is 6 ‘COMPLAINTCe aan een 10 uw 12 1B 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 no longer working and has had to move back home to restart her life. FIRST CAUSE OF ACTION BREACH OF FIDUCIARY DUTY (Against Defendants AIRBNB) 46, Plaintiff refers to paragraph 1-45 above and incorporates them into this cause of action as though fully set forth herein. 47, AIRBNB created a business enterprise whereby they lease, offer to lease, place for rent, solicit listings of places for rent, solicit prospective tenants and/or collect rent from real property in exchange for financial remuneration, 48. Indoing so, AIRBNB acted as a real estate broker for Plaintiff and Defendant CARLOS DEL OLMO. 49. AIRBNB owes a statutory and common law fiduciary duty: the highest good faith and undivided service and loyalty to Plaintiff relating to securing a real estate lease. 50. AIRBNB breached this fiduciary duty by failing to perform a-criminal background check on the-lessor Defendant CARLOS DEL OLMO; failing to disclose Defendant CARLOS. DEL OLMO's recent violent act towards woman when it knowingly rented a studio that is part of his house to Plaintiff, a single woman, subjecting Plaintiff to an unreasonable risk of violence and sexual assault; failing to disclose that AIRBNB had not performed a criminal background check ‘on Defendant CARLOS DEL OLMO at the time of Plaintiff's booking; misrepresenting to Plaintiff false sense of security by creating an appearance that Defendant CARLOS DEL OLMO was a safer and more reliable option because he was a “Superhost” and was “Verified” by AIRBNB and that AIRBNB was a “a trusted community,” Plaintiff relied on the false representations in making the booking. 51. Plaintiff has suffered emotional and psychological damages. 52. Defendants AIRBNB’s conduct was a substantial factor in causing Plaintiff's, harm. a 7 ‘COMPLAINT10 ul 12 13 14 15 16 7 18 19 20 2 2 23 24 25 26 2 28, SECOND CAUSE OF NEGLIGENCE (Against Defendants AIRBNB) 53. Plai tiff refers to paragraph 1-52 above and incorporates them into this cause of action as though fully set forth herein, 54. AIRBNB created a business enterprise whereby they lease, offer to lease, place for property in exchange for financial remuneration. 55, AIRBNB held out and continues to hold out to the public that it is a “trusted community” to attract the public to its website to engage in real estate leasing transactions. AIRBNB created an appearance that its lessors are safer and more reliable by issuing “Superhost” badge, allowing some lessors to have the green check mark with the word “Verified” right next to their names, offering free professional photography services to lessors’ real estate property to makecit look professionally managed and maintained, using words including but not limited “trast,” “safety,” “home,” “trusted community” repeatedly on its website to create‘a false-sense of security. 56. Asareal estate broker, AIRBNB also owes a statutory and common-law duty to conduct a reasonably competent and diligent inspection of the real estate property and to disclose to prospective lessees all facts materially affecting the desirability of the property that an investigation would reveal. 57. AIRBNB breached the duty by failure to investigate Defendant CARLO DEL OLMO’s criminal background, knowing that Plaintiff, a single woman, was going to rent a studio that is part of his house, failure to disclose that Defendant CARLO DEL OLMO’s recent violent act towards woman, and failure to disclose that it did not do any background check of its lessors. 58. Inaddition, despite engaging in the activities delineated within the California Business and Professions Code Section 10131, AIRBNB does not hold a broker’s license pursuant to Section 10130 of the California Business and Professions Code. 8 ‘COMPLAINT1 59. AIRBNB's unlicensed actions are declared to be “unlawful” by the California 2 | Business and Professions Code Section 10130. 3 60. The purpose of the statute is to protect the public from incompetent and 4 | untrustworthy individuals engaging in the enumerated activities within the real estate field. 5 61. Plaintiff falls within the class of people sought to be protected by the statute. 6 62. Plaintiff suffered physical and psychological injuries. 7 63. Defendants’ breach is a substantial factor in causing Plaintiff's injuries. 8 THIRD CAUSE OF ACTION 9 FALSE AND MISLEADING ADVERTISEMENT 10 CAL. BUSINESS AND PROFESSIONS CODE § 17500, ET SEQ. u (Against Defendants AIRBNB) 12 64, Plaintiff refers to paragraph 1-63 above and incorporates them into this cause of 13 | action as though fully set forth herein. 14.J..; 65. AIRBNB held out and continues to hold out to the public as “a trusted 15-4-cotmmunity” and used words including but not limited “trust,” “safety,” “home,""trusted 16 ] community” repeatedly on its website to create a false sense of security to describe its real estate 17 | service. AIRBNB also issued and continues to issue “Superhost” badges and green check marks 18 | with the word “Verified” right next to its lessors and other features on its website to create a false 19 | sense of security. AIRBNB also does not disclose that it actually performs no criminal 20 | background check on any of its lessors. 2 66. The purpose of these features on the website was to induce any person who reads it 22 | to feel safe to lease real estate property from AIRBNB. 2B 67. AIRBNB’s representations are false and misleading because it actually does not 24 | perform any criminal background check and does not disclose any criminal background of its 25 | essors. 26 68. Plaintiff believed and relied upon the representations made on AIRBNB. 2 69. _Inreliance upon the false and/or misleading representations made by AIRBNB, 28 9 ‘COMPLAINTi R B 4 as 16 7 18 19 20 21 22 23 24 25 26 27 28 Plaintiff entered into a 30-day lease with Defendant CARLOS DEL OLMO for a studio in his real estate property and made the entire advance rental payment to AIRBNB at the time of the booking. 70. Plaintiff suffered physical and psychological injuries. 71. AIRBNB?s false and/or misleading advertisement is a substantial factor in causing Plaintiff's injuries. FOURTH CAUSE OF ACTION VIOLATIONS OF CONSUMERS LEGAL REMEDIES ACT CIVIL CODE § 1750, ET SEQ. (Against Defendants AIRBNB) 72. Plaintiff refers to paragraph 1-71 above and incorporates them into this cause of action as though fully set forth herein. 73. AIRBNB also includes unconscionable provisions in its terms of service in a contract with its users including Plaintiff. “= 74, AIRBNB violated Consumers Legal Remedies Act by (1) making false and misleading representations of the quality of the services that it provides, (2) making advertisement that is misleading or likely to deceive a reasonable consumer, (3) engaging in unlawful practice of engaging in the business of, act in the capacity of, advertise as, or assume to act as a real estate broker or a real estate salesperson without first obtaining a real estate license, in violation of Section 10130 of the California Business and Professions Code; and (4) including, unconscionable provisions in its contract with its users. 75. Plaintiff has relied on the misrepresentation and false and misleading advertisement. 76. Plaintiff has suffered damage as a result of the unlawful and deceptive practice. a Wt a 10 ‘COMPLAINTHoos oo 10 TT 2 3B 14 oS 16 7 18 19 20 a 22 23 24 25 26 27 28 FIFTH CAUSE OF ACTION SEXUAL BATTERY VIOLATING CIVIL CODE § 1708.5 (Against Defendant CARLOS DEL OLMO) 77. Plaintiff refers to paragraph 1-76 above and incorporates them into this cause of action as though fully set forth herein. 78. Defendant CARLOS DEL OLMO committed sexual battery against Plaintiff by (1) intentionally causing a harmful or offensive contact with Plaintiff by use of Defendant's sexual organ and a sexually offensive contact with Plaintiff resulted, directly and/or indirectly; and (2) causing an imminent fear of a harmful or offensive contact with Plaintiff by use of his. sexual organ, and a sexually offensive contact with Plaintiff resulted, directly or indirectly. 79. Plaintiff did not consent to the touching, 80. Plaintiff was harmed physically and psychologically. SIXTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against Defendant CARLOS DEL OLMO) 81. Plaintiffs refer to paragraph 1-80 above and incorporate them into this cause of action as though fully set forth herein. 82. Defendant CARLOS DEL OLMO’s assault and/or sexual battery of Plaintiff is ‘outrageous—it is so extreme that it goes beyond all possible bounds of decency. 83. Defendant CARLOS DEL OLMO intended or acted with reckless disregard of the probability that Plaintiff would suffer emotional distress. 84. Plaintiff has suffered severe psychological and emotional distress. 85. Defendant's conduct was a substantial factor in causing Plaintiff's severe emotional distress. Ww a u ‘COMPLAINTCm rane un 10 ul 12 13, 4 15 16 7 18, 19 20 21 22 23 24 25 26 27 28 SEVENTH CAUSE OF ACTION FALSE IMPRISONMENT (Against Defendant CARLOS DEL OLMO) 86, Plaintiffs refer to paragraph 1- 85 above and incorporate them into this cause of action as though fully set forth herein. 87. Defendant CARLOS DEL OLMO intentionally deprived Plaintiff of her freedom of movement by use of physical barriers/force/threats of force/menace/fraud/deceit. 88. The restraint, confinement, and detention compelled Plaintiff to stay for some appreciable time. 89. Plaintiff did not consent to the restraint, confinement, and detention. 90. Plaintiff was physically and psychologically harmed. 91. Defendant CARLOS DEL OLMO’s conduct was a substantial factor in causing Plaintiff's harm. EIGHTH CAUSE OF ACTION ASSAULT (Against Defendant CARLOS DEL OLMO) 92. Plaintiffs refer to paragraph 1- 91 above and incorporate them into this cause of action as though fully set forth herein. 93. Defendant CARLOS DEL OLMO acted, intending to cause harmful or offensive contact, and/or threatened to touch Plaintiff in a harmful or an offensive manner. 94. Plaintiff reasonably believed that she was about to be touched in a harmful or offensive manner and/or it reasonably appeared to Plaintiff that Defendant was about to carry out the threat. 95. Plaintiff did not consent to Defendant CARLOS DEL OLMO’s conduct. 96. Plaintiff was physically and psychologically harmed. 97. Defendant CARLOS DEL OLMO’s conduct was a substantial factor in causing Plaintiff's harm. 2 ‘COMPLAINTCe ra 10 u 12 13 4 15 16 7 18 19 20 21 22 23 24 25 26 27 28 PRAYER WHEREFORE, Plaintiff prays for judgment against Defendants, each of them, as follows: 1. For general and noneconomic damages according to proof; 2. For special and economic damages according to proof; 3. Forpunitive damages according to proof; 4. For costs of suit; 5. Forrestitution; 6. For attorneys’ fees as allowed by law; 1. For injunctive relief against AIRBNB’s deceptive and unlawful methods, acts, and practice; 8. Pre-judgment interest; and 9. For such further relief as the Court deems just and proper. Dated: July 26, 2017 LAW OFFICES OF TERESA LI, PC Teresa Li Attomey for Plaintiff LESLIE LAPAYOWKER 13, ‘COMPLAINT. Teresa Li (Bar No. 278779) teresa@lawofficesofteresali.com LAW OFFICES OF TERESA LI, PC 315 Montgomery Street, 9th Floor San Francisco, California 94104 415.423.3377 888.646.5493 Attomeys for Plaintiff LESLIE LAPAYOWKER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO- UNLIMITED JURISDICTION LESLIE LAPAYOWKER, an individual caseno, CG0- 17-56 0425 Plaintiff, AFFIDAVIT OF VENUE v. AIRBNB, INC., a Corporation, AIRBNB PAYMENTS, INC., a Corporation, CARLOS DEL OLMO, an individual, and ~ DOES 1-20 Defendants. 1, LESLIE LAPAYOWKER declare: 1. Tam the Plaintiff in the above captioned case. If called as a witness, I could and ‘would testify truthfully to the facts stated within this Declaration. 2, The venue is proper because according to Califomia Secretary of State Bi Search, Defendants AIRBNB, INC. and AIRBNB PAYMENTS, INC.’ principal place of business is 888 Brannan Street, San Francisco, CA 94103. Mi a a a BY FAX (ONE LEGAL LLC AFFIDAVIT OF VENUE1 3. I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct. Executed on July 26, 2017 in Santa Fe, New Mexico. By: 2 3 4 5 6 LESLIE LAPAYOWKER 7 8 9 10 u 12 13 14 15 16 7 18 19 20 2 2 23 24 25 26 27 28 2 ‘AFFIDAVIT OF VENUEcm.o1 [-SFRRREY BF (SERPS Hy ORY om Sa Erma Law Office of Teresa 14, PC ABE Montgomery Sst th Floor reomoere: HIB) 425-3477 m arromerreninas_ Plainitff Leslie LapayowkeF" [er Sires aoowese, 400 Meister Street cmrmecrense, San Francisco, CA 94104 Civie Center Courthouse (888) 646-5493 FILED ‘San Francisco County Suporte Court JUL 27 2017 ‘CASE NAME: Lapayowker v. Airbnb, Inc. et al. on on lag Deputy Cork CIVIL CASE COVER SHEET Unlimited — [_] Limited (Amount (Amount demanded demanded is exceeds $25,000) _ $25,000 or less) Filed with frst ‘Complex Ca 1 counter [J soinder (Cal. Rules of Cour, rule 3.402) ‘lems 1-6 below must be completed (see instrucions on page 2). eec= Designation 17=560425 | appearance by defendant Medical malpractice (48) ©) otmer puro (23) Non-PUPDIWD (Other) Tort Business torfunair business practice (07) L] otter reat Inteectual propery (19) {) Professional negligence (28) ‘ther non-PUPDAWD tort (25) Employment ‘Wrong termination (96) [) other employment (15) ‘Judicial Review Petton wt of mar [I- Check one box below for the case type that best describes this case: ‘Auto Tor ‘Contact Provsionally Complex Chl Ligation a CET" presen of conractacranty (06) (Gal Rules of Cour, ules 3400-3403) Uninsured motorist (46) [1 Rite 3.740 collections (08) ‘AntirustTrade regulation (03) Other PUPDIWD (Personal injuryiProperty —_ [_] other collections (08) ‘Construction defect (10) Damage/Wrongful Death) Tort [1 theurance coverage (18) ‘Mass tort (40) ‘Aabaatin (04) 2 otter contract (37) ‘Securities tigation 28) Product abit 24) eal Property EnvronmentaTos ot (90) [1 Eminent domaintinverse condarmation (14) 1 Wronat eviction (33) ‘Ct ight (08) Uniawul Detainer Defamation (13) oe ‘Commercial (31) TD Freud (16) (J Residentit (32) rugs (98) ‘Asset ofr (05) [other judicial review (39) semanas cree nm ie streamer tama Covent ecg) scams amon [) recon Oot con ated br (2) sacstsun Ot uta Pavey on cnet gern) srbivation award (11) [) orner petition (not specified above) (43) ao property (28) ‘This case TJis [eJisnot factors requiring exceptional judicial management: 2.) Large number of separately represented parties b.[] Extensive motion practice raising difficult or novel {issues that will be time-consuming to resolve c. (] Substantial amount of documentary evidence Remedies sought (check all that apply): monetary [Number of causes of action (specify) This case [_Jis isnot ‘class action suit, ate: July 27, 2017 feresa Li, Esq. ERATOR «+ Plain must fle this cover sheet wih the first paper filed in If there are any known related cases, fle and serve a notice of related case. (You may use form CM-O15.) NOTICE ‘complex under rule 3.400 of the California Rules of Court. the case is complex, mark the 4. Large number of witnesses ¢._] Coordination with related actions pending in one or more courts In other counties, states, or countries, or ina federal court + (2) substantial postiudgment judicial supervision b « onmonetary; declaratory or injunctive relief punitive BY FAX ONE LEGAL LLC ; aoa the action or proceeding (except small claims cases or cases fled under the Probate Code, Family Code, or Welfare and Insitutions Code). (Cal. Rules of Court, rule 3.220.) Fallure to fle may result in sanctions. ‘Fle this cover sheet in addition to any cover sheet required by local court rue. * It this case is complex under rule 3.400 et seq, ofthe Califomia Rules of Court, you must serve a copy of this cover sheet on all, ‘other partes to the action or proceeding. * Unless this is collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes on! CIVIL CASE COVER SHEET "efi Count Ca ‘iooteerINSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Otters Filing First Papers. If you are fling a frst paper (for example, a complaint) in a évl.casé;you must ‘cgmplote and fle, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile Statistics about the types and numbers of cases fied. You must complete items 1 through 6 on the sheet. In item 1, you must check ‘one box forthe case type that best describes the case, Ifthe case fits both a general and a more specific ype of case listed In item 1, ‘check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action, To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover ‘sheet must be fled only with your intial paper. Failure to fle @ cover sheet withthe fist 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 Califomia Rules of Cour. To Patties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money ‘owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and atlomey's fees, arising from a 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) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) @ prejudgment wit of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general {ime-for-service requirements and case managoment rules, unless a defendant fles a responsive pleading. A rule 3.740 collections ‘case will be subject to the requirements for service and obtaining a judgment in rule 3.740. ‘To Patties in Complex Cases. In complex cases oniy, parties must also use the Civil Case Cover Sheet to designate whether the ‘case is complex. If a plaintif beleves the case is complex under rule 3.400 of the Califomia Rules of Court, this must be indicated by ‘completing the appropriate boxes in items 1 and 2. Ifa plaintif designates a case as complex, the cover sheet must be served with the ‘complaint on all parties to the action. A defendant may fle and serve no later than the time of its first appearance a joinder in the Plaintif’s designation, a counter-designation thatthe case is not complex, o,if the plaintif has made no designation, a designation that cM-010 eer CASE TYPES AND EXAMPLES: ‘sto Tor Contract Provsionally Complex Civil Ligation (al “0 (22} Personal nyProperty ‘reach of ContracyWaranty (08) Rulon of Gout Rules 3400-3409) Damagerongt Oeath ‘reach of Rertitaase "ants rade Replat (02) Uninsured Motor (0) (the Contact (ot unto detainer novation Defoe (1) aoe imvos an unieued ‘rong enon) tame Invotng ass Tort (40) eran anes conracety Sones Salor Seaios gt (2) ‘rotate chook fe fom Paint (not had er negigence) Enronmonta Tons Tr (20) ‘oted a Aro) Negligent iach ot Corral ince Covrge Cat ‘ter PuPDIWD (Persona injury Warenty (ering tom proviso complex Property DamagaMrongful Death) ‘ther Broach of ContractWarranty 200 ype feted above) (48) fon Cotecten (9, money owed, open Enforcement of uapment Asbestos 04) oat sei) 8) rene zat 2) abesoe Property Dam econ Case Sele: Pati Sec of drt (ut ‘Asbestos Porton iy ‘Other Promissory Nol/Callections ‘Coun) ‘wongtu Death Case Contest of Judgment on- Prout Labi fot abostos Insurance Coverage (a provsonaly domestic rtatons ‘outermost. ‘common (18) ster Sate vagrant Media alse 0) ‘i Subrogation ‘anna gunoyAvord tiedeal race Ser Coverage not una tae) ‘scare & Surgeons ‘omer Cort (7) poten Caricaon of Ey of Cotter Poteone! How ‘Sonata Fraud ‘hgment on Unpaid Faves Malpractice Stores Spe comes oreoent gent Cte PIPED (23) eal propery a Premios Lb (tp Chipet Domsivinverse ‘Mscenaneous Gil Complaint "a ‘Sondermaton (2) icon) Intnl By nun Wont Evcon (2) Cer Soi rt pated (eg. assault, vandalism) f Real Property (@.g., quiet tle) ‘sbove) nents iicion ot tsi ta Possession oie Property Decay Rte Ory motana Dobos Mamgoge Forcoeue Wn at on Neoigert Inicton ot ieanes hanuesmen) Erotonn Deess pa einer eects aes ner Fiore oman indordtenem, or (er Commarin Coma . “ ac rotor comple) Non-PUPDAND (Other Tort terete) snes Tori Business Uniawtul Datainer ‘ter Ci Compa rctce (7) ‘Comers (31) oe) Civ ints (9, dscriminaton, Resident (32) Partnership and Corporate tte ares) rc! ‘Drugs (38) (tho caso invatvos iloga! ‘Governance (21) reson rugs check tn tor, cheno, can owen. sander, bt) ce Conan hese Con Pet rt eed <), Judit Review ere) ae rout (1) eae Forotre (8) ee nae ireatsua Property (19) Potion ie: Asivaton Award (11) omc aanne Frotesnonal negogence (25) ‘Wott sandate (2) Dene tage Mapracice ‘Seaarnsratve Manganus eon Star Prlssonal Marten WricMandamus on Uried Cut ee ere nat rede rae) ‘Case Mater atin or Nome Chonge em on Pip To Witte ited Court Case = *mployment view her Civ Petition wrong Termination (6) ther Joist Rovow (39) oer ove Pot Other Employment 1) ‘av of Hoa Otter Oder Notes of Appest-Laber ‘Coniston hopes Besos ay OT CIVIL CASE COVER SHEET Pape