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a?&z!,fi,'{?l'l I J v!

DAVID SHOREY, ar hdividual,

Plaintiffs.

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WALT DISNEY COMPANY, a Delaqmrecorporation, WALT DI$NEYPARKS ANDRESORTS U.S., INC., a Florida corporatiort,DISIIEYLAI{D PARI{, andDOES I tlrough 50,inelusive.

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&eCorrrrLourdes DeArmaq Esq.TFIB kARMAS LAWFIRM nP.0. Box3l18 .l'fu."cH-iiil*"H#'f$lll3q z6+stss

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=djg*-.SUPERIOR COURT OF THE STATA OF CAI,N'OR.NIA -Q#."U

FOR THE COI]NTY OX'LOS ASIGNLE$ -'s

586I Pine Avmue, Suite A-lcaino Hi's, cA 9l?09 OeI p 4 lfilg #o ,(909) 39S4404; Fax: (909) 398-1ss3 ArANcAFrsn^,

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CASENO.

coI,IP.I{4S{r FoR, 30-201 31. NEcLTcENCE; 00083 552. NEGUGENCE PEKSE; -3. STRICT LI,ABILITY:4. PREMiSES LI,ABILITY5. COMMON CARRIER LI.A.BILITY{flvrl,CODE S 2lS8)6. ivrnxnoxal n'rn tctrou or

EMOTIONAL DISIRESS.Defeudsnts.

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.4ll allegations in this Complaint are based upan infor:nation and belief except for

those allegations which pertain to fle Plaintiff named herein and his counsel. Each

nllsgation in this Complaint either has evidentiary supporl or is likely to havs evi

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N.{1@1. This is an actiou for damages arising aut of the uegligent andlor inteuiiosal asts of

Defendatrts The Walt Disney Company, S/alt Disney Farks and Resofis USA, Inc.n and

Disneyland Park (collectively referred to as "Disney Defendants").2, As mare fully described below, PlaintiffDavid Shorey ("Plaintiffl) suffered severe neck,

lower bask, and shoulder iduries. Disney Defendarts owed Plaiutiff a duty of

reasonable care in the owue$hip, operation and maintenancE of Disneyland Park and allits athastions. That duty was breashsd wheu Disnoy Defendants instructed Plaintiff to

board The Matlerharn Bobsled ride in direct contravention of its posted waruings. As a

direct and proximate result of Dioney Defendants' actions, Plaintiffhas suffered

substautial physicai, emotioml and mouetary da:nagesn is entitled to punitive damages,

and has incurred fees and costs in punuiug his rigbts which he is entitled to recover, all

in amounts to be Droven at the time of trial.

JURrSprCTrO. .

ri. AND yENUE

3. This Court has jurisdiction over this action pursuant to Califomia Code of CivilProcedure $410.10.

4. Venue is proper in the County of Los Angeles pursuant to Section 395(a)(b) oftheCalifornia Code qf Civil Procedure as Disney Defendarts are headquartered in Los

Angeles County, State of California.

rl,$rFn,nrn's5. FlaintiffDavid Shorey is, and was, at all relevant times mentioned herein:

il. A resident ofthe city of Las Veges, State of Nevada; and,b. Injured by Disney Defendantso corrduct at Disueyland Park.

I}EF'ENDANTS6. Plaintiffs are informed and believe, and based upon that informatiou aud belief allege"

that Defendant Walt Disney Company, is and w6s, at all relevaut times mentioned herein:

a. A corporation incorporated in the state and according to the laws of Delaware;

b. Duly licensad and registerad tc do business in th'e State of California; an4S:\ClARElvtCINT\filel$6Flsd\ComFlahtDog - 2, -

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s. At stl times relevast herein operated its principal place of business at 500 S.

Busna Vista Street, inthe city of Burbsnk, State of Cslifornia'

d. Exclusive ownsr of Patent: 3,167,024 for 'lBobsled Amusearent Ride*(1126165), city of Burbank, State uf California,

7, Plaifiiffs exe iufoffied and believe, and based upon that informatian and belief allege,that Defendant lfalt Disney Parks and Resorts USA, Inc. is, and was, at ail relevant timesmentioued herein:

A subsidiary of The WaIt Disney Company;

A corporation incorporated in the state and according to the laws of State of

Florida;

Duly licensed and registered to do business in.tle State of California; an4

At all times relevsnt herein operated its principal place of business at 500 S.

Buena Vista Streef in the city of Burbark, State of California.

8. Plaintiffs are infonned and believe, and based upon that inforrration and belief allegE,that Defendant Disneyland Perk is, and wfls, at all relsvont times mentioned herein:

L The resort is owned by The Walt Disney Company;b" The park is operated by Walt Disney Parks and Resorts U$A, Inc.c. Located in tbe city of Anaheim" State of Catifornia.

9. The relationsbip between The Vslt Disney Company, Walt Disney Parks and ResortsUS,{, I:ac., and Disneyland Pexlq based upon information and belie{ is as folla\'/s:

a, Defendant The Walt Disney Company is the owner and operator of WaIt

Disney Parks and Resorts USA, Inc,;

b. Defendant The Walt Disney Conrpany is the owner the Disneylaild Fark; andc, Defendant W'alt Disney Psxks and Resorts USA, Inc, is the operator of

Disneyland Park.

d. All Disney Defendatrts at all times relevant herein owned, operated, managed,and supewised the "Matterhorn Bobsled Ride" in the area known as

"Fantasyland" at Disneyland Park in Anahei$r, Califcrnia.F:1CtaRE64oNfi6Jcl80\Plesdl0omnldlsrD0$ - 3 -

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10. The true names and capacities, whstber isdividual, corporate, partnership, associate, or

othenpise of Defendflrrt DOES 1 threugh 50, inelusive are unknsrvn to Plaintiff who

therefore sues these Defendarts by sueh fistitious names pursuant to CALIFORNIA

CODE OF CIVIL PROCEDURE $ 474. Plaintiffwill sesk leave to amend this cornplaint

to allege Defendant DOES I through 50 true ralneg and capacities when they are

Bscertjained.

t 1. Plaintiffis informed atrd believes, aud based upon that information and belief alleges,

thar eaeh Defendant na-med iu this Complaint including DOES 1 through 50, inclusive, is

responsible in some matrrter for one or more of the eveirts and happenings, and

proximately caused the injuries and damages, hereinaffer alleged.12. Plaintiffis informed and believes, and based uponthat information and belief alleges,

that each Defendants named in this Complainto including DOES I through 500 inclusive,

ars, and at all times mentioned hereiu were, the agent" servf,trt and/or employee of each

of the other Defendqtrts" strd that each Defendant was acting within the course and scope

sf his, hero or its authority as the agenf servant, and/cr employee of eash of the other

Defendants. Consequently each Defendant is jointly snd severally liable to Plaintiffforthe darnages sustained as a proximats result of their condust.

13. Plaintiffis informed and believss and thereon alleges that certain ac1s, omissions, events,

transactions, and damage ofwhioh Plaintiffis ourreutly unawarc proximately caused the

damages which Plaintiffseeks to recovsr in this actior Platntiffwili seek leave to

amend this Complaint tu allegs such acts, omissions, events, transactions, and damage

when such are ascertained" or will prove such acts, omissious, eventso hansactious, and

damage at the time of trial.

14. Plaintiffis informed snd believes snd t&ereon alleges that all Defendsnts have, and at all

times hereh msntioned had, a joint economic and business interest, goal and purpose inthe subject of this lawsuit"

iltfilFlCr,AREM0NnGhl80llteadlComplslnln$q - 4 -

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FACT U AI-,. EAg KGRO{INq,15. On or about August 31, 2011, Plaiutiff arrived at Disseyland Park with Eric Kirbn klark

Dowllng Maggre Kirby, and Dale Witcsfski and they acquired ertrance.

16. On or about August 31,2011, tbe Bobsled Amusement Ride f'Ivfatterhorn Bobsled

Ride'J sonsisted of Z-car tirsine t&at hsld up to 4 riders Fer sar, Eauh car had 2 seat

compartments where 2 rideru could be seated in a single file in each seat ccmparhatent--

the larger passenger should get in f,rsL and the smaller passenger will sit between t.heir

legs.

l?" On or sbout August 31r 2011, the Matterhorr Bobsled Ride had a warnlng sigl

thnt strted; otlarger Parsengers Ester First, Slide to thc Rear of Seat.D

14. At or about 9:00 p.m. on Augusr 31,2011, the Plaintiff asd Eric Kirby entsred the

Matterhorn Bobsled Ride and were permitied by Disney Defendants to board and ride

said atbaction.

lg. On or about August 31, 2011, Plaintiffwas inst'ucted by Disney Defendants to anter the

bobsled seat first and slide to the rear of the seat, and Eric Kirby was instructed ta eoter

the bcbsled seat second a^ud sit directly in front of Plaintiff, in direct contravention of the

posted waming sign.

2fl. Maggie Kirby and Dale Witcofski, still +tauding in line, questioned Di*ney Sefendants

whether Eric Kirby shauld be seated behind Plaintiffbecause he was larger/lrigger than

Plaintiff.F$CLS&EMoNTlGlclSOiPle{d\Csmplahtssc - 5 -

COMPLAINT

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21, Disney Defendants told them that it was finE that Plaintiffwas sitting direc.tly behind Eric

Kirby even though he was the smallerFassenger.

22. Disney Defendants also failed tc check if Etiu Kirby or Plaintiffs seat belts wEre

fastened correctly.

23. Shortly after the ride began, due to tbe acts of Disney Defendants, flte momentum of the

ride pushed the larger passrnger' Erie Kirbn into smaller passfinger, Flaintiff, causing his

head to ttrrust backwqrd and hitting his nBok on the metal bnr behind his head.

24. Plaintifffeit immediate and severe pain.

25. Despite Plaintiffs pleas al'd screans of pain, the ride continued on its normal course.

26. Once the ride csme to a complete stop, Plahtiffwas u:rable to exit the babsled without

crawling onhis knees.

27. Disney Defendants immediately contacted the onsite nmse who examined Slaistiffas he

was sitting on the floor nenr the exit of the ride.

28. Disney Defendants then conhcted ouside emergEncy assistance, Amheim Fire Deparnnent

arrived and assumed Plaintiffs treafnent At upproximately 10:00 p.m., Plaintiffwas placed on a

gumey and nansportedtathe Westem Medical Center Anaheim"

29. Atapproximately 1:00 p.m., afterPlaintiffthe emergency deparbxest of 'Western Medical

Center Anaheim determined that Plaintiffrequired fi.rther evaluation nnd neaUenn, plaiffitr

was transported by Anaheim Fire Deparmoent tu University of California at Lsine Medical

Csnter ftereinafter 1JCI').30. Upon evaluation at UCI, proliminarf assessnerfs indicaiedtttat due to the asts of Defe,rdant&

Plaintiffhas sutrercd severe neclc, Iorryer baelq andshoulder injuries, affecting his upper

exbemities.

3 I . Plaintiffcnntinues to zuffer debilitmine mck and lower baek Fsin ffidiating to his upper

exBemitiEs.

3 2. On or about August 3 l, 20 I I , Ddsndants kusw cr shauld ha:ae kno"rtrt that smaller glrcsts werepartieulady vulnerable ta ttdrlty on the Mntiqhortr Eobsled ride vdren Eeated directly behincl e

Iargerpasse,rrger inthe sam+ seatF:\Cl"A&EM0l,{Tll3lcl801Plead\CsnnplslntDss -6-

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33. As a result of these said defeffts and bereinfibow and hereafter alleged acts, smissiaus and

conduct of Disney Defendails, End eech of the.m, Plaifiitr, was iqiured as herein alleged

34. Disuey Defendants, and each of thm, breached their duties of due care ts the Flaintiffby their

careless, reckless, wiltful, wantorq gross and indifferent acts, and faihue to act, including bffi not

limited, ta *re following:

(a) The failurs to adequately wam and insruct tln plaintitrs and other guests andusers of ttre subjsct ride and similar rides with respect to the hazards, risls

and dangers of the subject ride lvhen lmger passurgers ride directly in front of

smaller pesengers inthe same seat,

(b) The fnilr:re to pmvide and instruct on adequate proper Uaining procedr:res andmnnuak for the employees responsible for the safe loading and unlaading ofpassenge$ on the srrbje* ride;

(c) The failure to pmvide clear wrifren onxergsncy plans in cornplete terms whichspecify a1l actions to betaken inths event ofau emergency.

35. All of the physical injury and tremendous emotional distrese that Plaintiffs suffered couldhave been prevented if Disnqy Defendants had placed the health and safety of the guests

above their own profits.

FIRST CAUSE OF'ACTION

NSGLIGMqgE

@y Phintiff Againrt A1l Itefendntrts snd DOES f'50)36. Plaintiffs repsat, re-allege aad incorporate by referencs each and all of the allegatians

contained in paragraphs 1 through 35, inclusive, of this complaint, and by this refErcncs

incorporete the same into this cause of action herEin.

3?. Tbat at ssid time and place, Disney Defendants, and each of them, so negligently owned,

operated, naiffaide4 aad conbolled said Matterhom Fobsled RidE so as to cause injurie.s to

Ptaintitr

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38. Ssid negfigence includes, but is nst liffited to:

(a) Lrstucting a nuatrIa'pessenger t0 sit behind a larger passenger in directcontravEntion ofthe posted. wamring sign.

(b) The failue to adquably $mm and insbuct flre Plainfiff'and other guesh andwers of the subject ride and similar rides witlr respect to tbe hazaxds, ri,sksand dnngers oftbe subject ride when larger pomengers ride directly in front ofsmaller passengers inthe same seat

(c) The failure to provide and ins8ucton adequak propertrainingproseduresand manuals for the employees responsible for the safe loading and unloading

of passengen onthe sr:bject ride;

(d) The failurs to provide clear written emergency plans in compleh terms which$peclry a[ actions to be taken in the evsnt of an emergency.

39. That as a proxinoate result of the negligence of ths Disuey Deff,ndants, and each of them,as aforesaid, Plaintiffsustained ssvere, permanent and disabling injuries and greatphysical pain and meutal suffering all to his damage. Said damages include but are not

limited to, severe nech lower bacl(, and shoulder injuries, affecting his upper e;xkemities.40. That as a proxi-mate result of the negligence of the Dimey Defendauts, and each of them,

as aforesaid, said plaintifi Plaintiffwas forsed to ineur expenss for hospital, medicaland nursing care and trsatment for himself, and is informed and believes and therefore

allege that he will incur such fur&er expcnsss in the future, all to his damage in a sumnot at this time ascertained; and leave cf cowt will be asked to insert this figure at thetime of trial.

41. As a proximate result of the hereinabove and hereinafter alleged acts, omissions, and

conduct of the Disney Defendants, and eash of tlom, Plaintiffhas beEn rendered disable ddue to debilitating neck and iower back pain radiafing to his upper exfemities and will bepreveuted frorn pursurng his occupetion iit tlre future. Thereforeo Plnintiff will sustain aloss of earning capacity, the exaet amouut of wbish is presently unknown to plaintiffat

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this time. Ptaintiff will seek leave sf ecmrt to amend this Complaint tp state said a$Iount

when safle becomes knowu to plaintiff or will offer proof thmeof at the time of trial.

42. As n further proximate result af the hereinabove and hereina.fter alleged acts, omissious

and conduct of the Disney Defendast$, and each of them, plaintiff hns incured various

and sundry exFenses and hsses, which would not have stherwise been incurred. Ptraintiff

is infarmed and believEs and based thereon alleges that he will continue to incur various

and sundry losses and expenses, the exact nature and amount of which plaintiffdoes not

know at this time. Plaintiffwill aroend this Compleint to state suoh arnCIurts when the

same have hecoore known to plaintiff or will offer proof thereof at the time cf trial'

sEcoNp c, Au"s, E .qH Sc.tr,roNPREMISES LIABILITY

(ByPlaintiff Against All Deferdants and DOES f'50)43. Plaintift repeat$ re-allego and inccrporate by tefetence eash and all of the allegations

contaired in paragraphs I through 42, inclusive, of this ccmplaiut, and by this reference

incorporate the same into thig cause of action herein.

44. "THIS PROPERTY" refers to the Disneyland Amusement Park where this incident

occuned and, particularly, the Matterhom Bobsled Ride.

45. At all times herein mentioned Disney Defendents, and each of them, were the Owners

and Operators of THIS PROPERTY.

46. At all times herein mentioned Disney Defetrdants, and each af them, wele the Lessors of

THIS PROPERTY.

47. Atall times hercin mentioned, tbe persons acting as the Managers and Maintainers of

T1{IS PROFERTY were doine so with the knowledge, perrnission and consent of all

Disney Defendants.

48. At aii times herein mentioned, the person* actiag as the Managers, lvlaintainers, and

f,essors af THIS PROPERTY were the agent, servaut and ernplcyee cf and acting within

the course and scope of said agency aud employed by all Disney Dsfendants.

#tF:\eLAAEMONt\GkleSWttdEarnplahtDoe - 9 -

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49, At said time and pince Disney Defen{iests, and *aeh ef them, praximately cnuseddamages ts said Plaintiff by negligently, wnntonly, reckiessly, tortiously and uoiawfullyl

a) Entrustlng permittin g, managing maintaining, servieing repairing,inspecting, testing, controlling and operating THIS PROPERTY; and,

b) Designing constructing and owning THIS PROPERTY; and,c) Instnrcting othErs regarding TIIIS PROPERTY and its use,

maintensoce, care and eperatianl and,

O Failing to warn, instruct, advise, prCItect and guard users regardingTIJIS PROPERTYI and,

e) Conducting themselves with reference to THIS PROPERTY and toPlaintiq so as to 6srr.qs ff{$ PROPERTY to be in a dangerous"defective, hazardous, and unsafe condition and to proximately causE

damages to the Plaintiff while hE was riding on the Matterhom Bobsled

Ride.

50. As a proximate result thereof this Plaintiffsustained permanent bodily ir{uries, aud hashad, and in the future wiII havq pain, suffering, worry and anxiety, all to Plaintiff sgeneral damages in au amount acoording to proof.

51. As a proximate result thereof tLis Plaintiffineurrsd, and in the future will incur, medicaleod related expenses all to Flaintiffs damage in euch amount as will be proven at trial.

5?. As a proxirnate rezult thereofthis Plaintiffhas, and in the future will, Iose tbe abilify todo pursue gf,inftl eurployrrent aid will have lost earniug capacity all to PlaintifFsdamags in sush amount as will be proven at trial.

THrRq CAUSE OF ACTICINCOMMON CARRIER LIABILITY

(By PlainfiffAgaia*t All Defend*nte and DOES 1-50)53. Plaintiffs rppeaL re-allege and incorporate by refsrence each and all of the allegations

eantained in paragraphs I through 52, inclusive, cf this complaint, and by this referenceincorparate the same into this eause of actiun hsrEin,

-10-F:\CLAREMONflGIe I 801Plettll0ompldft rtDocC*MFLAI}IT

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54. Thftt Disney Defendaws, and each of them, were offering the public in general, and

Flaintiffin particular, to carry Fersoffi withjn the nneaning of Slgi:ggdg Section 2168.55. That Disney Defendsnts, and each of them, Bs a eommou carrier, owed a duty to Plaintiff

to use the utmost uare and diligence for Plaintiffs safe carriage, and to provide

everythiug necessary for that Furyose.

56. That Disney Defendants, and each of them, breached thir duty of utrno,sf care to

FIaintiff.

5?. That Disney Defeadants' breach of duty of utrnost care proximately caused the injuries toPlaintiffas describEd elsewhere hereimhove resulting in his general darnago.

58. That as a proximate result af Disney Defendants'breach, Plaintiffhas suffered and will

continue to suffer in the future, medical expenses, loss of eaming capacity as more

partioularly delineated elsewhere hereinabove.

59, Disney Defendnnts' conduut as described herein rryas malicious and oppressive, and done

with a conscious disregard of Plaidiffs rights. The acts of Disney Defendants and each

ofthem were lrcrformed with the knowledge that people with special needs worrld be

seeking passage on this ssnveyanse, that such guests were more susoeptible to severe

injury as passengers on this conveyance, ye! Disney Defendants allowed tbem and theiragents to improperly seat Plaiutiffin the conveyance and failed to render appropriate

assistance which put Plaintiffat high risk for severs bodily harm. Consequently; Plaintiff

is entitled to punitive damages from all Disoey Defendants.

FOURTq CAUSE OF ACTTON

INTENTIONAL INF'LICTION OFEMOTIONAT I}ISTRESS

(AlI Plaintiffs againtt nll Defendants and IOES60. Flaintiffs rcpeat, re-allege and ilcorporate by reference each a$d all nf the allegations

contained in paragraphs I tbrough 590 inclusive, of this comFlaint, and by this rsference

iaco4porate the sqrte into this cause of aetiou herein.

lllFtCLAREMONT\GlstS0lFlErdComplaint"Doc - 11 -

COMPLAINT

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61. The conduct of Disney Defendauts wa* intentional, malicious, despicahle and outrageou$.Disney Defendants engaged in this eonduct and for the purpose of causing Plaintiffs tosuffer humiliation, mefltal anguish, embartastment and severs emotional disfress, whichconduct insludes, but is not limited to allowing Plaintiffs to stay in a hotei room knownto be infested with bed bugs.

62. Tbrough the outrageous ccnduct dessribed above, Disney Defendasts *cted with the

intent to ctruss, and with rcckless disregard for ihe probability of causing llaintiffs tosuffer severg emotional distress,

63. At all relevant timeso Disney Defendauts had aczual or construstive knowledge ofextrene and outrageous conduct descdbed herein, and soudoned" ratified and participated

in such extreme ouhageow acts.

tr. As a sole, direct, and proximate rmult of Disney Defendants's conduct, Plaintiffssuffere d humi liati ou, mental anguisfu and emoti onaVphysical di stress.

PRAYER

WHEREFORE, Piaintiffs pray for judgment as follows:1. Special damages, according to proof at trial;2. General damages, according to proof at tial;3. Attorneys' fees, in an smouot yet to be ascertained;8. Exemplary damages, in an amount yet to be escerfained; and7. For such other reiief ss uay be just and proper.

Dated: March 7,2AI3 SK.A,PII{ LA

By:

Attarneys for Plaintifi, DAVID $EOREY, anindivifual

F:\CLAREMOHTIG1c 1 80\PleadlComphtuLhc

COMPI,AINT

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PRSStrAF',SERyIqE

STATE OF CAIIFORNIA., COIJIIITY OF SAN BERNARDINO

.

I oT employe,{ in the County of San Be-rnardino, Sure of Caiifsrnia I a:r'n over t}e age oftF gd_lg! a party to tl_le within action; my busiaesr address is 5861 Pine Avenue, Suite A-IlChino Hills, CA 91,709.

On March 2013, I served the followiug document described as **t' ontheintErested parri es iiffiaction -

tr bytransrnittingviafacsimileEX by placingtrue copies therof enclosed h sealed emrelopes addressed as follows:

tr By frcsimile; The facsimile hansmission of the foregoing decument was reported ascomplete and withoui error. A copy of the transmission rEport as issued bv ihehansmission facsimile machine is-dttachedpuauantto Caltfomia Rules of Cou4 Rule2.306.

EX As follows: I am *'readilyfamiliaf witlr the finrr's practice of collection and processingof correspcndence for rnailing. Under that practice,-I would be deposited witl tfe U.S."Postal Service,on tli$ sams day with posta$e thereon firlly prepaicl at Chino HiIIs,Celifomia irr the ordinary.co.q$e of-business. i am aware thot bn motion of party served"sewice is prestmredinvalid if postal cancellslion date or postage meter dateis dorE thanone day after dale of deposit frn mailing in affdavit,

Exesuted on March -._..._r

2013 at Chino Hills, California.

I declare uqder penalty of perju{y under the laws of the State of California that }he aboveis ft:e and correc.t-

Kareu Eernardo

F:lCLAREMONnClcl E0lPleodComplphr-Duc

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Richard E. McCain, Esq./LAW OFFICES OI RICHARD E. McCAIN24018. Katella Ave., Ste. 3i0Anaheim, CA, 92806

TELEPIIoN No.: 7 i4*704-0050 FtxNQ. (optionet);E-MAIL ADDRESS (QFIianaI}:

ATTORNEY QR PARTy WTHOUT A-fTORtlFY (Narne, StaE Bar ftumher, and ackhe$s,lj

ArroRNsv roR {$a'nei' Walt Disney Parks and Resorts U.S., Inc.SI.JI,'ERISR CSURT OF CAIIFSRHIA, CC$iITY OT ORANSEsl?EETAoDRESs: 700 Civic Center Drive WestMAILING AODRESS:

clrYANoaPcoDF, SantaAna CA 92701BRANCHNAME: Central JUstice Center

PLAI NT'FF/PETITIONER:

DEFENDANTIRESPONDNT:

DAVID SHOREY

WALT DISNEY COMPANY, et al.

NOTICE CF SETTLEMENT OF ENTIRE CAST

NCITICE TO PLAINTIFF OR OTHER PARTY SESKING R.HLIEFYou must file a request for dismissal of the entire case wiihin 45 days after the date of the settlement if the settlernent isunconditional. You must file a disrnissal of the entire case within 45 days after the date specified in item 1b below ii the settlementi$ conditiq*al. Unless yau file a dismissat within the required time or have shown Eood cause before the time for dismissal haeexpired why the cas shoul not be disrnissed, the court witl dismiss the entire case'

To the court, a:t pa*ies, and any arbitrator or other cou*-connected ADR ne$tra: involved in this case:1- 'l his enUre case has been settled, The settlement is:

u. f7-1 Unconditional. Arequestfordismissal will befiledwithin4Sdaysafterthedateofthesettfgment.Date of settlement October 14,20L4

b l-l Conditional, The seft{ement agreement conditions dismissal of this matter on the satisfaclory cnmp,letion ofspecified terms that are not to bb perfonned within 45 days of the date of the settlement, A request for dismissal willbe filed no lafer than {dafeJ:

2. Date initiatpleading filed: Maroh 8, 20133. Next scheduled hearing or conference:

a. Purpose:b. rJ (1)

(7,(3)

4. 'frial daie:a. fI Notrial dateset.b. -] (1) Date: October20,2A14

(2) Time: 9:00 a.m.(3) Departmen* C32

I declare under penalty of perjury under the laws of the State ol California that the foreg-oing is trueDate: Octobev 14,2*14Richard E. McCain, Essq.{rypeoRp*rNrftAueor f7] ATToRNEv f-] ennrvwluourArroRNEYl

Datei

I IffIE:

Department

CM.?00 lFev. Jarusrj {,20oJlI{OTICE OF $fiTTLSISENT CF TruTIRF EASEForrn Adopted fsf Mandatdry UEe

J{tdicial CGrncil of Califofliia

CA$S NUMBER:

3{i-2013 005S}350DAVID SHOREYWALT DISNEY COMPANY, et al.

FROOF GF TERVIC EYF:R.ST-C:.AS$ NSAILruOTICE OF SETTLEffiENT OF E}ITIRE CASE

fffOIE: Youcannofservethe Hoticesf $ettler,ilentof Entire Caseif yauareapaftyinthe*ctian, Ihcpersonwhssefi/edfte #sffce rfl{rsf cotnpJefe firis proof of servfce'i

1. I arn al least 18 years old and ;;ot a Farty to ttris actian. 1 am a reside*t of or employed in the county where the mailing tookplace, and my rcsidence or business address is (specffiJ.'?401 E - Kateila Ave., Ste. 310,fuiaheim, CA 92806

2. I served a copy of tbe Nofice of Seff/em ent of Entire Case by enclosing it in a seaied envelope with postagefully prepaid and (chec4 one)::r. {-/-l deposited the sealed envelope with the United States Postal Service-t). T*l placed the sealed envelope for coltection and Brocessing for mailing, foltowing this business's usual practices,

with which I am readily familiar. On the same day corespondence is placed for collection and mailing, it is'deposited iil the ordlnary course of busjness with the United States Postal Service.

3. The ljofice of Seff/ement of Entire Case was mailed:er. on (dafe); October T4,2Al4b. frorn (cW and state); Anaheim, CA

4. The envelope was addressed and mailed as follows:a, Name of person served:

Lorudes DeArnas, Esq.$treetaddress: 8889 W^ Oiympic Blvd.cltv: Beverly Hills {nftfi+rltsd- *b$tate and zip code; CA 90241 1

b. Nameof person served;

Street address;City:State and zip code:

[--l Uames and addresses of additionat pesons served5. l\umber of pages attachedI dealare under pena,tty of perjury under the laws of the State of Califorflia that the foregoing is true and correcf-

Date: October 14.2014

Name of person served:

Street address:City:State and zip code:

d. Name of person served:

$treet address:CitY:

State and zip code:

are attached. (You may use form PAS'AII{P),)

Suzanne Williams

t

w , lle%;r=--( U (sG\ATUREoFoEcLARANT)(TYPHOR PRINT NAME OF DECLqFANT}

cM'iloo IRv- J:nuaty: 1. Z0O4 ITOTIC CF $ETTt-f#Et{T OF fiNTIRfr CA$H PagE? of a