Case Background
On June 8, 2021, Jesus Alarcon filed a personal injury complaint in the Superior Court of California, County of Los Angeles. The case, numbered 21STCV21312, went before Judge Edward Moreton. Alarcon named the City of Los Angeles and Does 1 to 25 as defendants. His claims involved premises liability and general negligence.
Cause
On July 18, 2020, Alarcon walked along a public sidewalk at 1125 East 11th Street in Los Angeles. At the end of the building, his right foot struck a one-inch rise in the sidewalk. The area was under repair but lacked any warning signs or barriers. The uneven concrete slabs created a tripping hazard. Alarcon fell forward, landing on his right shoulder. He alleged the City knew or should have known about the dangerous condition but failed to protect pedestrians.
Injury
Alarcon suffered a complete rupture of the supraspinatus tendon in his right shoulder, with 1.5 cm of medial retraction. He also sustained a partial-width tear of the anterior infraspinatus tendon. An MRI revealed moderate AC joint arthrosis and a small joint effusion. He underwent surgery to repair the ruptured tendon and completed extended therapy. A second shoulder replacement surgery was scheduled for July 15, 2021.
Damages
Alarcon claimed damages exceeding $250,000. These included medical expenses, wage loss, loss of earning capacity, and property damage. He also sought compensation for pain, suffering, and loss of use of his right shoulder. His ongoing therapy and need for further surgery contributed to his claim.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Jesus Alarcon
Counsel for Plaintiff: Isabel Shiganian
Defendant(s): 10th Street Property LLC | City of Los Angeles
Counsel for Defendants: Kevin Clifford Anderson | Craig Joel Mariam
Claims
Alarcon alleged the City of Los Angeles negligently maintained the sidewalk, creating a dangerous condition. He claimed the City had actual or constructive notice but failed to take protective measures. He asserted this negligence caused his injuries, leading to disability, suffering, and substantial medical costs.
Defense
10th Street Property, LLC, denied all allegations in Alarcon’s complaint, rejecting any claim that their actions or omissions caused his injuries. They asserted multiple affirmative defenses, including that Alarcon’s injuries resulted from his own negligence, the negligence of others, or conditions that were open, obvious, trivial, or outside their control.
They further argued that they owed no duty to Alarcon, that the claims were barred by statutes of limitation, and that he assumed the risks involved. Additional defenses included failure to mitigate damages, unclean hands, laches, estoppel, and lack of notice. They also cited comparative fault, acts of God, and equitable indemnity.
The defendant requested judgment in their favor, dismissal of the claims, recovery of legal costs, and any other relief deemed appropriate.
Court Documents
Court documents are available for purchase upon request at [email protected]
