May 10 2019 1247°M Ladve Law Fim 14152968847 page 2 19 0 a 2B 24 2s FILED BY FAX ALAMEDA COUNTY Ashwin Ladva, Esq. (Bar # 206140) May 10, 2019 LADVA LAWFIRM CLERK OF 530 Jackson Street, 2" Fir, ‘THE SUPERIOR COURT San Francisco, CA 94133 By Xian-xii Bowie, Deputy (415) 296-8844 (CASE NUMBER: 13) 296-8847 (f) RG18934021 | Attorney for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA A by ond through his Guerdian Ad Litem Maria Del Roserio Arciniega, Case No.: RG-18-934021 PLAINTIFF'S SECOND AMENDED COMPLAINT FOR DAMAGES [ASSAULT AND BATTERY, NEGLIGENT HIRING, TRAINING, SUPERVISION, AND/OR RETENTION ) ) ) ) Plaint } } ‘THE LIVERMORE VALLEY JOINT } OF UNFIT EMPLOYEE(S), ) d ) ) ) ) vs. UNIFIED SCHOOL DISTRICT, DOE NEGLIGENCE, NEGLIGENT 1 (Physical Therapist/Caretaker), and DOES 2 DISTRESS) OF EMOTIONAL through 25, Defendants, J COMES NOW pleintift A IN by and through his Guardian Ad Litem Maria Del Rosario Arciniege, who complains of defendants, and alleges as follows: GENERAL ALLEGATIONS INCORPORATED INTO USE OF ACTIO! Plainttt A EE Piaintift”), by and through his Guardian Ad Litem Maria Del Rosario Arciniega, and all times herein mentioned was and is, a resident in the County of Alameda, tt SECOND AMFNDRN COMP AINT FOR DAMAGES «1May 10 2019 1247°M Ladve Law Fim 14152968847 page 3 19 0 2 4 2s 2. Defendant, THE LIVERMORE VALLEY. JOINT UNIFIED SCHOOL DISTRICT (“Defendant LVJUSD”), and all times herein mentioned ‘was and is, a school district in the County of Alameda. 3. Defendant DOE | (Physical ‘Therapis/Caretaker), at all relevant times herein: mentioned was an individual hired by Defendant LVJUSD to work at Marylin Avenue Elementary School /as a teacher/physical therapist. Plaintiff will amend this complaint to allege the physical thera 4: Plaintiffis ignorant ofthe true names of the defendants sued herein as DOES 2 through 's true name when ascertained. 25, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names when ascertained. Plaintiff is informed and believes and thereon allege that each of said defendants is responsible forthe occurrences herein alleged, and ‘that plaintiff's injuries as herein alleged were caused by their acts, 5. Plaintiff is an eight (8) year old child who bas a congenital brain anomaly; he suffers from seizures, is unable to communicate verbally and is confined to a wheelchair. 6. On March 27, 2018, Plait ‘was dropped off at school, Marilyn Avenue Elementary School, as he always was, without any issue. 7. Plaintiff, on March 27, 2018, was attending his weekly class in which one of the Defendants’ employees conducted a physical therapy session (Plaintiff, atthe time, received therapy every Tuesday) atthe school. 8. Onhis way home from school that day, the Plaintiff was inconsolable; the Plaintiff would! ‘ot stop crying and the aid that takes disabled children from the school to their homes informed Plaintif?’s mother that he was crying at the time she picked him, and had not ‘stopped crying. SFCOND AMENDED COMPLAINT FOR DAMAGES -7May 10 2019 1247°M Ladve Law Fim 14152968847 page 4 10 ul R 19 2 2 3B 2s Both the aid, and Plaintiff's mother, Maria Del Rosario Arciniega, knew this to be unusual for Plaintiff. % Once at home, Plaintiff continued to ery and then began to develop a fever. Plaintif’s mother became concemed so she took the Plaintiff to see his pediatrician the following day, The Pediatrician did not find anything abnormal but since the Plaintiff continued to cry she suggeste| that Plaintiff be taken to the hospital for further testing. 10. Plaintiff's mother took PlaintifF to the hospital where they discover that his left arm had been broken. 11. Plaintiff's mother finds outa few days later, through her ex-husband, that the ‘therapisvearetaker from the school had called him and informed him that he may want to take Plaintiff to get x-rayed, Plaintiff's mother became upset at learning this information as she was not informed by the school, and she is the Plaintiff's guardian and emergency contact. Plaintif’s ‘mother requested an explanation from the school to find out what happened and why she was not the one contacted after the incident, The school responded by telling her that they were “investigating.” Plaintiff's mother has yet tobe informed of the results of thei investigation, '2. As adirect and legal result of the Defendants’ negligence, Plaintiff was hurt and injured ‘nhis health, strength, and mental well being. The physical injuries sustained by the Plaintiff ‘caused him to suffer greatly; the lack of communication from Defendant LVJUSD’s school Prolonged that suffering and anguish. Defendant LVJUSD should be required to pay general and| Defendant Doe 1 should be required to pay general and punitive damages in an amount to be determined according to proof at trial, Mt SECOND AMENDED COMPLAINT FOR DAMAGES - 3