Tort Law

Vargas
Eng
12-3-09

1:54 Complaint against establishment that had served alcoholic beverages to obviously intoxicated
minor. [B&PC 25602.1]

PATTON, TRUSCOTT & ALLEN

1000 North Broadway, Suite 400
Los Angeles, California 90010
(213) 200-3000
fax (213) 200-3010

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

Eve Benson,
Plaintiff

vs. Case No. 1234567

Buster's Saloon COMPLAINT FOR DAMAGES
a California Corporation, [B & PC 25602.1]
and DOES 1 through
100, inclusive,
Defendants.

Plaintiff alleges:
1. Plaintiff, Eve Benson, is an individual and is now, and at all times mentioned in this complaint
was, a resident of Los Angeles County, California.
2. Defendant Buster's Saloon, is now, and at all times mentioned in this complaint was, a
corporation organized and existing under the laws of the State of California, with its principal
place of business in California in Los Angeles County, California.
3. The true names of defendants DOES 1 Through 100, inclusive, are unknown to plaintiff at this
time. Plaintiff sues those defendants by such fictitious names persuant to section 474 of the
Code of Civil Procedure. Plaintiff is informed and believes, and based on that information and
belief alleges, that each of the defendants designated as a DOE is negligently or otherwise
legally responsible for the events and happenings referred to in this complaint, and negligently
or otherwise unlawfully caused the injuries and damages to plaintiff alleged in this complaint.
4. Plaintiff is informed and believes, and based on that information and belief alleges that at all
times mentioned in this complaint, defendants were the agents and employees of their
codefendants, and in doing such things alleged in the complaint were acting within the course
and scope of such agency and employment.
5. At all times mentioned in this complaint, defendant Buster's Saloon, and defendant's DOES 1
through 100 owned and operated a bar and were engaged in the business of selling alcoholic
 beverages to the general public.
6. At all times mentioned in this complaint,, defendants were licensed, or required to be licensed,
persuant to section 23300 of the Business and Professions Code, and therefore owed a duty to
plaintiff, as proscribed by section 25602.1 of the Business and Professions Code, not to sell,
furnish, or give, or cause to be sold, furnished, or given, alcoholic beverages to an obviously
intoxicated minor.
7. On August 29, 2009, defendants sold, furnished, or gave, or caused to be sold, furnished, or
given, alcoholic beverages to Jimmy Nichols, a minor, even though the defendants knew or
should have known that Jimmy Nichols was intoxicated at the time that defendants sold,
furnished, or gave, or caused to be sold, furnished, or given, alcoholic beverages to Jimmy
Nichols.
8. On August 29, 2009, as a direct and proximate result of the negligence and carelessness of
defendants as set forth above, Jimmy Nichols lost control of his motorcycle and hit our client
Eve Benson, plaintiff.
9. As a further direct and proximate result of the negligence and carelessness of defendants as set
forth above,, plaintiff sustained the following serious injuries and damages: lacerations to her
left leg, torn anterior cruciate ligament in her left knee which will require surgery to repair, lost
wages since the time of the accident, and all due damages for pain and suffering, and any other
damages due by law.

Wherefore, plaintiff demands judgement against defendant, and each of them, for the following:
1. General damages according to proof;
2. Special damages according to proof
3. Interest according to law;
4. Costs of suit; and
5. Any other and further relief that the court considers proper.

December 3, 2009

______________________________________
[Signature]