GrnscoséGerscos, arc aww oeu au FILED NOV 16 2016 oowoveU separ GERAGOS & GERAGOS ny Z A. PROFRSSIONAL CORPORATION (OBPUTY CLERK were Assi to J 6th Sour trocenon Sree STEVEN C. BAITEY ee Sac 1 6253900 NOV 18 7016 Meer cis cee ‘Saicceaece MARK J.GERAGOS — SBN 108325 FOR ALL PURPOSES BEN J. MEISELAS SBN 277412 Attorneys for Plaintiffs BEVERLY FISHER, individually and on behalf of decedent CARLOS DIAMOND FRANCIES; and KAYLA N. RICHARDSON SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF EL DORADO en FAX BEVERLY FISHER, individually. andon | CASENO. SC 21691028 behalf of decedent CARLOS DIAMOND FRANCIES; and KAYLA N. COMPLAINT FOR DAMAGES: RICHARDSON, an individual, 1, WRONFUL DEATH DUE TO NEGLIGENCE: CCP § 377.60 2. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS Plaintiffs, vs. SOUTH TAHOE STANDUP PADDLE, a | DEMAND FOR A JURY TRIAL sole proprietorship; and DOES 1-20, inclusive, Defendants. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] o ‘COMPLAINT FOR DAMAGES,Plaintiff Beverly Fisher-—Decedent’s mother—on behalf of herself and Decedent Carlos iamond Francies, and Plaintiff Kayla N. Richardson—Decedent’s sister—allege as follows: FACTUAL ALLEGATIONS, 1, This Complaint arises out of the death of thirty (30)-year-old Contra Costa County Sherriff, Deputy Carlos Diamond Franeies (“Deputy Franci ), who perished after he jumped into the waters of South Lake Tahoe at approximately 3:00 p.m. on August 13, 2015 to assist Jelani Mouer (“Mouer”), a close friend of Francies’s younger sister—Kayla N. Richardson (“Richardson”). 2. On or about August 13, 2015, Deputy Francik . his girlfriend Devina Pacis (“Pacis”), Richardson, and Mouer came to Lake Tahoe for a day of watersports. Mouer and Richardson took kayaks out on the lake, while Deputy Francies and Pacis set out on stand-up paddleboards. Deputy Francies and his party rented all their equipment from South Tahoe Standup Paddle (“Defendant Paddle”) 3. As a result of high winds and high waves on Lake Tahoe’s waters that day, Deputy Francies"s party became separated: Deputy Francies and Pacis drifted together to one area of the lake, while Richardson and Mouer each drifted some distance away both from Deputy Francies and Pacis’s area. 1s well as from each other. The high winds and waves | caused both Mouer and Richardson to fall out of their kayaks. Due to the great distance between the members of Deputy Francies’s party, Deputy Francies could not see Mouer in the water, and he accordingly assumed that Mouer was drowning. Deputy Francies, a former football player, quickly leapt into the lake in an attempt to rescue Mouer. Tragically, however, Deputy Francies was overtaken by the great force of the winds and waves that day, and he drowned off the shore of El Dorado Beach in the waters of South Lake Tahoe. To their utter shock and horror, Richardson and Mouer both witnessed as Deputy Francies drowned and was carried into an ambulance. Deputy Francies was pronounced dead shortly thereafter. -2- ‘COMPLAINT FOR DAMAGESwhe Sowa) 4. Tragically, Richardson's distress continued even after her brother’s body had been recovered from the lake. While Deputy Francies lay in the ambulance, Richardson continued to struggle to avoid drowning herself in Lake Tahoe’s turbulent waters. Though Mover had made it to land and promptly reported the fact that Richardson was struggling in the lake to Defendant Paddle, Defendant Paddle did not come to Richardson's assistance. ‘The situation became so dire, in fact, that Mouer himself even retumed to the lake in a kayak in an attempt to rescue Richardson. The force of the winds and waves, however, prevented from being successful. It was not until Richardson had struggled for over half an hour that an employee of Defendant Paddle finally came for her. 5. On the day that Deputy Francies drowned, a Red Flag Warming had been issued for the Lake Tahoe Area. 15-20mph winds with gusts up to 25mph led SouthTahoeNow.com to post a Red Flag Waming at 12:23 a.m. on August 13, 2015. The site indicated that the Red Flag Warning would be in effect from 2:00 p.m. on August 13, 2015 to 11:00 am. on August 14, 2015. In addition, contemporaneous news articles indicated that a Lake Wind Advisory would last from 2:00 p.m. on August 13, 2015 to 5:00 p.m. on August 14. 2015. 6. In addition, a posting on the U.S. National Weather Service Reno Nevada's || Facebook page provided that “gusty winds and cool temperatures will continue on Thursday with hazardous boating again expected across area lake: 7. Defendant Paddle is a sole proprietorship operating in the South Lake Tahoe area that rents kayaks and stand-up paddleboards, as well as other water-related accessories. Plaintiffs are informed and believe, and therefore allege, that Defendant Paddle is aware of the serious and sometimes fatal risks involved in renting kayaks and stand-up paddleboards for use on Lake Tahoe—particularly when a Red Flag Waming is in effect for the area. Plaintiffs believe this to be true because Defendant Paddle has conducted business in South Lake Tahoe since at least 2010 and has had ample opportunity to observe the dangers present on Lake Tahoe's waters during Red Flag Warni i | 23. | COMPLAINT FOR DAMAGES8 Plaintiffs allege that Defendant Paddle had an affirmative duty to not rent any kayaks or paddleboards for use on Lake Tahoe during the twenty-one (21) hour period in which a Red Flag Warning was in effect. Plaintiffs further allege that not only did Defendant Paddle rent its kayaks and paddleboards to Deputy Francies and the other three members in his party while the Red Flag Warning was in effect, but also at no time did Defendant Paddle advise and/or wam Deputy Francies—let alone any of the other members in his party—about the Red Flag Warming that had been issued for the South Lake Tahoe area, 9. Decedent Deputy Francies’s death was caused by Defendant Paddle’s grossly negligent conduct in (1) affirmatively renting kayaks and paddleboards to Deputy Francies and his party; (2) failing to wam of the Red Flag Warning that was in effect on August 13, 2015; (3) failing to supervise adequately; and (4) failing to provide adequate emergency response measures—all of the above despite the fact that Defendant Paddle knew and/or should have known of the Red Flag Warning that was in effect and of the dangers associated with a Red Flag Warning. Accordingly, Defendant Paddle fell far below the threshold for performing its legal and expected duties, 10. Both Plaintiffs have been deeply traumatized by Deputy Francies’s untimely demise. As a direct witness to the horrifying event, however, Plaintiff Richardson was particularly affected, Plaintiff Richardson has experienced nightmares every night since she observed her brother perish. So vivid and terrifying are these dreams that they regularly cause Plaintiff Richardson to awaken at three to four o'clock in the morning, and to seek comfort in the company of her mother at these ungodly hours. Plaintiff Richardson’s grief has so consumed her that she has been unable to attend school. She has long had aspirations of becoming a physician, however the loss of her brother has so disturbed her that she is unsure as to when or if she will be able to resume her education. MW “4: ‘COMPLAINT FOR DAMAGESJos GERAGOS, APC Ger GENERAL ALLEGATIONS, 11, Plaintiffs allege and aver that all of the facts, acts, omissions, events and circumstances herein mentioned and described herein, occurred within the jurisdiction of the Court in the County of El Dorado, California. 12. This Court has jurisdiction over the present matter because the nature of the claims and the amount in controversy meet the requirements for unlimited jurisdiction in the Superior Court of California, County of El Dorado. 13, Plaintiffs are informed and believe and thereupon allege that at all times mentioned herein, Defendant Paddle was, and now is, a sole proprietorship, with its DBA registered with El Dorado County, and naming Chris Brackett as the owner, with an address at 1762 Crystal Air Drive, South Lake Tahoe, CA 96150, Plaintiffs are informed and believe and thereupon allege that Defendant Paddle is authorized to conduct business in the state of California with its principal place of business in the County of El Dorado. 14, Plaintiffs are informed anc believe and thereupon allege that at all times mentioned herein, Detendant Paul includ 2, but not limited to DOES | through 10, inclusiv , were and now are. the owners. operators, managing partners, and employers of Defendant Paddle, for purposes of conducting business as a watersport rental shop and provi and rendering services to members of the general public such as Deputy Francies, 1 ing other services to the general public ‘or compensation, cluding watercraft lessons Plaintiffs are informed and believe and thereupon allege that at all times mentioned herein, DOES 11 through 20, inclusive, were, and now are, the agents, employee: servants, assistants, salespersons, managers, trainers, and safety officers employed or retained by Defendant Paddle and DOES | through 10. 16, Further, each of these Defendants held and now holds himself/herself out as possessing that degree of skill, knowledge, and care ordinarily possessed and exercised by similar companies conducting a similar type of business—that is, to maintain a watercraft rental shop and provide watercraft rentals to the general public. a5 ‘COMPLAINT FOR DAMAGES17, Defendant Paddle and DOES 1 through 20 were the agents, servants, and/or employees of each other and acted within the course and scope of said agency, employment, and/or service with the permission, consent, and ratification of each of the co-defendants in performing the acts hereinafter alleged with specificity which gave rise to Deputy Francies’s death. 18. The true names and capacities, whether individual, corporate, associate or otherwise of Defendants sued herein as DOES | through 20, are unknown to Plaintiffs at the time of filing this Complaint, who therefore sue said Defendants by such fictitious names. 19. Plaintiffs will ask leave of court to amend this Complaint to show the true names and capacities of such Defendants when their names have been ascertained. Plaintiffs are informed and believe, and thereupon allege, that each of the Defendants designated herein, including DOFS | through 20, are responsible in some manner and liable herein by reason of negligence and other actionable conduct, and that such conduct was a substantial factor in causing the injuries to Deputy Francie: complained herein. 20. Each and every Defendant, when acting as a principal, was negligent in the selection, hiring and supervision of each and every other Defendant as its agent, servant, employee, and/or partner. Defendant Paddle and DOES 1 through 20 shall therefore be referred to collectively as “Defendant Paddle.” FIRST CAUSE OF ACTION: WRONGFUL DEATH DUE TO NEGLIGENCE CCP § 377.60 (Plaintiffs Against All Defendants) 21. Plaintiff's repeat and re-alley all previous aliegations of this Complaint as though set forth in full herein. 22. At all times herein mentioned, Defendant Paddle owned, controlled, maintained, managed, and operated the business and sole proprietorship known as South Tahoe Standup Paddle. In connection with its operations, Defendant Paddle invited members of the general public to participate in various watereraft recreational activities for a {ve paid to Defendant Paddle. including for paddleboard and kayak rentals on Lake Tahoe. -6- COMPLAINT FOR DAMAGES:AGOSE/GERAGOS, AC Cera anren 23, On or about August 13, 2015, Deputy Francies. as a member of the general public, paid Defendant Paddle tor rentals of paddleboards and kayaks for himself, his girlfriend, b sister. and one of his sister’s best friends, for use on Lake Tahoe. Defendant Paddle knew or should have known the risks involved in renting paddleboards and kayaks to members of the general public, which included risks of serious injury or death, particularly during a Red Flag Warning in the Lake ‘Tahoe region, Moreover, Defendant Paddle knew or should have known of the risks involved with failing to warn Deputy Francies—as well as the three other members of his party—of the dangers associated with a Red Flag Waming in the area, 24. Defendant Paddle, by and through its employees, undertook the responsibility to maintain certai safeguards and provide, at a minimum, certain advisories during a Red Flag Warning and to not allow individuals such as Deputy Francies to utilize Defendant's kayaks and paddleboards during a Red Flag Warning. In that relationship, Deputy Francies entrusted hi self to Defendant Paddle’s employees and believed that he and his party were paying for the safe use of kavaks and paddleboards on Lake Tahoe—particularly where J-eputy Francies and the members of his party were unaware of the dangers presented on Lake Tahoe during a Red Flag Warning. 25. Defendant Paddle owed Deputy Francies a duty not to increase the risk of harn inherent in watercratt rentals -uid particularly in ve instance wherein a Red Flag Warming had been issued on Lake Tahoe "or a twenty-one (21) hour period. Defendant Paddle owed Deputy Francies a duty not to subject him to a risk of injury and/or death not otherwise anticipated by the rental of a paddleboard and/or kayak during a Red Flag Warning. about which Deputy Francies had no knowledge. Defendant Paddle was grossly negligent in failing to war Deputy Francies of the Red Flug Warning that was in effeet and grossly departed from the upplicable standard of cre in fai'ing to warn and also in renting and encouraging the use of Defendant Paddle’s paddleboards and kayaks during a Red Flag Warning. -7- COMPLAINT FOR DAMAGES26. Defendant Paddle breached the duty of care owed to Deputy Francies. by failing to wam Deputy Franeies—and the three other members of his party—of the dangers of a Red Flag Warning and also by affirmatively renting s paddleboards and kayaks 10 Deputy Francies during a known period of time for which a Red Flag Warning was issued. 27. Defendant Paddle should have known that Deputy Francies and the three other members of his party would be unable to safely and accurately assess the conditions on Lake ‘Tahoe without exposing themselves to the significantly inereased risk of harm present during a Red Flag Warning. Deputy Francies’s death would not have occurred had Defendant Paddle not rented paddleboards and kayaks to Deputy Francies and his party and/or had it advised Deputy Francies and his party that a Red Flag Warning had been issued on Lake ‘Tahoe at the time of their rental. 28. Due to Defendant Paddle’s failure to provide adequate supervision and emergency aid at the Lake Tahoe site where its rentals were deployed, Deputy Francies was forced to take it upon himself to jump into dangerous waters to attempt a rescue of Mouer. The provision of proper supervision and availability of adequate emergency aid at the site would have obviated the need for Deputy Francies to provide such aid himself. 29. As a proximate result of Defendant Paddle’s conduct, as described above, Deputy Francies was confronted with higher risks han those anticipated when agreeing to rent Defendant Paddle's paddleboards and \ayaks. Deputy Franeies suflered serious injuries, including death, as a rsult of this conduct and suffered special and general damages in exeess of the jurisdictional limit of this Court. 30. As a further proximate result of the acts and omissions of Defendant Paddle and the inju sustained by Deputy Francies as herein alleged, Plaintifis, by and through devedent Deputy Francies, were required to and did employ physicians and other medical personnel and incurred expenses therefor, including expenses incurred at Barton Memorial Hospital. and incurred additional medical expenses for hospital bills and other incidental medical expenses, all to Plaintiffs’ damage in an amount according to proof at trial. Plaintifts are informed and believe, and thereon allege. that as a proximate result of the death. -8- COMPLAINT FOR DAMAGESsuffered by Deputy Francies, Plaintiffs have incurred and will incur additional past and future expenses all to their further damage. SECOND CAUSE OF ACTION: NEGLIGENT INFLICTION OF EMOTIONAL (Plaintiff Richardson Against All Defendants) 31. Plaintiff’ repeat and re-allege all previous allegations of this Complaint as though fully set forth herein. 32. Defendant Paddle owed Plaintiff Richardson and her brother. Decedent Deputy Francies, a duty not to increase the risk of harm inherent in watereraft rentals and particularly in the instance wherein a Red Flag Warning had been issued on Lake Tahoe for a twenty-one 1) hour period. Defendant Paddle owed Plaintiff Richardson and Decedent Deputy Francies a duty not to subject them to a risk of injury and/or death not otherwise anticipated by the rental ofa paddleboard and/or kayak during a Red Flag Warning, about which Plaintiff Richardson and Decedeat Deputy Froncies had no knowledge. Defendant Paddle was grossly negligent in failing t© warn Plaintist .tichardson and Decedent Deputy Francies of the Red Flag Wami that was in effet and grossly departed from the applicable standard of care in failing to in-and also in renting and encouraging the use of Defendant Paddle"s paddleboards and kayaks during a Red Flag Warning. 33. Defendant Pade brcached the duty sf care owed to Plaintiff Richardson and Decedent Deputy Franeies by fail 10 warn them of the dangers ofa Red Flag Warning and also by aitirmatively renting paddleboards and kayaks to Plaintiff Richardson and Decedent Deputy Francies during a known period of time for which a Red Fk Warning was issued. 34, Defendant Paddle should have known that Plaintiff Richordson and Decedent Deputy Francies would be unable to safely and accurately assess the conditions on Lake | Tahoe without exposing themselves to the significantly inereased risk of harm present during a Red Flag Warning. Plaintiff Richardson's near-death experience and Decedent Deputy | Francies’s actual death would not have occurred had Defendant Paddle not rented paddleboards and kayaks to Plaintiff Richardson and Decedent Deputy Francies and/or had it -9- ‘COMPLAINT FOR DAMAGESadvised Plaintiff Richardson and Decedent Deputy Francies that a Red Flag Warning had beei sued on Lake Tahoe at the time of their rental. 35. Asad and proximate result of Defendant Paddle’s conduct. as described above, Plaintiff Richardson and Decedent Deputy Francies were confronted with higher risks than those anticipated when agreeing to rent Defendant Paddle’s paddleboards and kayaks. Plaintiff Richardson nearly drowned, and Decedent Deputy Francies did in fact drown as a result of this conduct. 36. Asa result of her own near-death experience, and as a result of witnessing the death of her brother, Decedent Deputy Francies, Plaintil Richardson experienced extreme emotional distress, including, but not limited to, frequent nightmares about the incident. Plaintiff Richardson has according.» suffered special and general damages in excess of the jurisdictional limit of this Court. PRAYER FOR RELIEF WHEREFORE. PlaintitYs pray for judgment as follows: 1, For general dsmages in an amount according to proof; For special damage- in an amount according to proof; For met al and related expenses in an amount according to proof: For costs of suit herein incurred: and 2 3 4, For interest as allowed by law: 5. 6. For such other and further relief as the Court may deem just and proper, DATED: November 14, 2016 GERAGOS EEERAGOS, APC ww BIE Ya MARK J. GERAGOS BEN MEISELAS Attorneys for Plaintiffs BEVERLY FISHER, individually and on behalf of decedent CARLOS DIAMOND FRANCIES; and KAYLA RICHARDSON COMPLAINT FOR DAMAGESDEMAND FOR JURY TRIAL, Plaintiffs Beverly Fisher and Kayla Richardson hereby demand a jury trial. DATED: November 14, 2016 GERAGOS & GERAGOS, APC BEN MEISELAS Attorneys for Plaintiffs BEVERLY FISHER, individually and on behalf of decedent CARLOS DIAMOND FRANCIES; and KAYLA RICHARDSON