1 HERMANSON & WALK, APC MARK A. ANDERSEN (Bar No. 100581) 2 310 Mission Avenue, Suite 120 South Pasadena, California 91654 3 (626) 368-9311 4 5 Attorneys for Plaintiffs 6 7 8 9 10 11 RAYMOND TONNER and JULIA TONNER, individuals, 12 Plaintiff, 13 v. 14 CITY OF MONROVIA, a municipal 15 corporation; and DOES 1 through 10, inclusive, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28
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SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
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CASE NO. C 890 211 COMPLAINT FOR DAMAGES (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS)
Plaintiffs RAYMOND TONNER and JULIA TONNER allege: 1. Defendant CITY OF MONROVIA ("CITY") is, and at all times
herein material was, a municipal corporation duly organized and existing under the laws of the State of California and situated in the County of Los Angeles in the above-entitled judicial district. 2. Plaintiffs RAYMOND TONNER and JULIA TONNER are, and at all
times herein material were, a married couple residing within the boundaries of Defendant CITY. ///
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Plaintiffs are ignorant of the true names and capacities of Defendants
2 sued herein as DOES 1 through 10, inclusive, and therefore sues these Defendants by such 3 fictitious names. Plaintiffs will amend this complaint to allege their true names and 4 capacities when ascertained. 5 4. Plaintiffs are informed and believe and thereupon allege that the police
6 officers mentioned herein acted as agents for Defendant CITY, and that each police officer 7 performed the acts herein described within the scope of such agency. 8 5. At all times herein material, Plaintiffs were the owners of a
9 chimpanzee named “ZOE.” ZOE lived with Plaintiffs in their home for thirty-four years, 10 had his own bedroom, did chores around the house, and was a constant companion to 11 Plaintiffs. Plaintiffs loved, nurtured, and cared for ZOE as parents would love, nurture, and 12 care for a son or daughter, and ZOE returned their affections. During ZOE’S thirty-four 13 years with Plaintiffs, he was like a son to them. Plaintiffs do not have any children. 14 6. On or about January 22, 2003, two police officers employed by
15 Defendant CITY’S police department appeared at Plaintiffs’ home and informed Plaintiffs 16 that ZOE was being taken into custody to protect the children of Plaintiffs’ neighborhood. 17 While both Plaintiffs watched, one police officer shot ZOE with a Taser gun, resulting in 18 ZOE’S death. 19 7. The actions of the police officers as alleged in Paragraph 6 above
20 constituted negligence. 21 8. Because Plaintiffs had a close relationship with ZOE, Defendant
22 CITY owed Plaintiffs a duty of due care in handling ZOE in Plaintiffs’ presence so as to 23 avoid the negligent infliction of emotional distress upon Plaintiffs. 24 9. Because of said negligence and as a proximate result thereof,
25 Plaintiffs sustained severe emotional distress and mental suffering, all of which has caused, 26 and continues to cause, Plaintiffs great mental, physical, and emotional pain and suffering. 27 As a result of such injuries, Plaintiffs have suffered general damages in an amount 28
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1 according to proof. 2 10. Plaintiffs have complied with all applicable Government Code
3 provisions governing the filing of claims against governmental entities. 4 WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of
5 them, as follows: 6 7 8 9 10 DATED: January 6, 2004 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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For general damages in an amount according to proof; For attorney’s fees and costs of suit incurred herein; and For such other and further relief as the court may deem proper.
HERMANSON & WALK, APC BY:
Mark A. Andersen
MARK A. ANDERSEN Attorneys for Plaintiff
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VERIFICATION I, RAYMOND TONNER, am a Plaintiff in the above-entitled action. I have
3 read the foregoing Complaint for Damages and know the contents thereof. The same is 4 true of my own knowledge, except as to those matters which are therein alleged on 5 information and belief, and as to those matters, I believe them to be true. 6 I declare under penalty of perjury under the laws of the State of California
7 that the foregoing is true and correct. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED: January 6, 2004
Raymond Tonner RAYMOND TONNER
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