Spohr Lawsuit
Spohr Lawsuit
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28 https://www.facebook.com/photo/?fbicl=61G019527226G01&set=a.217808103714414
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COMPLAINT FOR DAMAGES
1 from the loss of love, affection, society, service, comfort, support, right of support,
2 expectations of future support and counseling, companionship, solace, and mental
3 support, as well as other benefits and assistance of Plaintiffs Decedents, all to their
4 general damages in a sum in excess of the jurisdictional limits of this Court, which will
5 be stated according to proof, pursuant to Section 425.10 of the California Code of Civil
6 Procedure.
7 21. As a legal, direct, and proximate result of the malicious, despicable, cruel,
8 and unjust conduct of Defendants, and each of them, including DOES 1 through 10,
9 inclusive, as described in this complaint, Plaintiffs will be deprived of the financial
10 support and assistance of Plaintiffs Decedents, the exact amount of such losses to be
11 stated according to proof, pursuant to Section 425.10 of the California Code of Civil
12 Procedure.
13 22. As a legal, direct, and proximate result of the malicious, despicable, cruel,
14 and unjust conduct of Defendants, and each of them, including DOES 1 through 10,
15 inclusive, as described in this complaint, Plaintiffs have incurred property, medical,
16 funeral and burial expenses in an amount to be stated according to proof, pursuant to
17 Section 425.10 of the California Code of Civil Procedure.
18 23. As a legal, direct, and proximate result of the malicious, despicable, cruel,
19 and unjust conduct of Defendants, and each of them, including DOES 1 through 10,
20 inclusive, as described in this complaint, Plaintiffs Decedents have suffered lost
21 earnings, the exact amount of such losses to be stated according to proof, pursuant to
22 Section 425.10 of the California Code of Civil Procedure.
23 24. Because the malicious, despicable, cruel, and unjust conduct of Defendants,
24 and each of them, including DOES 1 through 10, inclusive, as described in this
25 complaint, was committed in a deliberate, cold, callous, calculating, premeditated,
26 intentional and/or unreasonable manner, causing fatal injuries to Plaintiffs Decedents,
27 and done with conscious disregard of Plaintiffs Decedents rights and safety, Plaintiff
28 THE ESTATE OF ROBERT G. SPOHR by and through its Successor-in-interest
5
COMPLAINT FOR DAMAGES
1 ADRIENNE SPOHR, and Plaintiff THE ESTATE OF WENDY WOOD by and through its
2 Successor-in-interest ADRIENNE SPOHR, request the assessment of punitive damages
3 against Defendants, and each of them, including DOES 1 through 10, inclusive, in an
4 amount appropriate to punish and/or set an example of them.
5 SECOND CAUSE OF ACTION
6 Survival and Survival Damages (Against all Defendants)
7 25. Plaintiffs incorporate by reference and reallege each and every allegation
8 and statement contained in the prior paragraphs.
9 26. Plaintiffs are informed and believe, and thereon allege, that Defendants,
10 and each of them, including DOES 1 through 10, inclusive, caused, conspired to cause, or
11 otherwise participated in causing, the premeditated and planned June 5, 2021, murder
12 of Robert Gary Spohr and attempted murder of Wendy Wood, eventually leading to
13 Wood's death.
14 27. The aforementioned subject incident giving rise to this wrongful death and
15 survival action proximately and legally caused Plaintiffs Decedents to suffer fatal
16 mJuries.
17 28. Plaintiffs are further informed and believe, and thereon allege, that
18 Defendants, and each of them, including DOES 1 through 10, inclusive, were agents,
19 servants, employees, successors, joint venturers, co-conspirators, and/or successors-in-
20 interest of their co-defendants, who were acting within the course, scope, and authority
21 of said agency, employment and or venture, and/or in furtherance of said conspiracy in
22 causing the aforementioned subject incident to occur.
23 29. As a legal, direct, and proximate result of the malicious, despicable, cruel,
24 and unjust conduct of Defendants, and each of them, including DOES 1 through 10,
25 inclusive, as described in this complaint, Plaintiffs have sustained damages resulting
26 from the loss oflove, affection, society, service, comfort, support, right of support,
27 expectations of future support and counseling, companionship, solace, and mental
28 support, as well as other benefits and assistance of Plaintiffs Decedents, all to their
6
COMPLAINT FOR DAMAGES
1 general damages in a sum in excess of the jurisdictional limits of this Court, which will
2 be stated according to proof, pursuant to Section 425.10 of the California Code of Civil
3 Procedure.
4 30. As a legal, direct, and proximate result of the malicious, despicable, cruel,
5 and unjust conduct of Defendants, and each of them, including DOES 1 through 10,
6 inclusive, as described in this complaint, Plaintiffs will be deprived of the financial
7 support and assistance of Plaintiffs Decedents, the exact amount of such losses to be
8 stated according to proof, pursuant to Section 425.10 of the California Code of Civil
9 Procedure.
10 31. As a legal, direct, and proximate result of the malicious, despicable, cruel,
11 and unjust conduct of Defendants, and each of them, including DOES 1 through 10,
12 inclusive, as described in this complaint, Plaintiffs have incurred property, medical,
13 funeral and burial expenses in an amount to be stated according to proof, pursuant to
14 Section 425.10 of the California Code of Civil Procedure.
15 32. As a legal, direct, and proximate result of the malicious, despicable, cruel,
16 and unjust conduct of Defendants, and each of them, including DOES 1 through 10,
17 inclusive, as described in this complaint, Plaintiffs Decedents have suffered lost
18 earnings, the exact amount of such losses to be stated according to proof, pursuant to
19 Section 425.10 of the California Code of Civil Procedure.
20 33. Because the malicious, despicable, cruel, and unjust conduct of Defendants,
21 and each of them, including DOES 1 through 10, inclusive, as described in this
22 complaint, was committed in a deliberate, cold, callous, calculating, premeditated,
23 intentional and/or unreasonable manner, causing fatal injuries to Plaintiffs Decedents,
24 and done with conscious disregard of Plaintiffs Decedents rights and safety, Plaintiff
25 THE ESTATE OF ROBERT G. SPOHR by and through its Successor-in-interest
26 ADRIENNE SPOHR, and Plaintiff THE ESTATE OF WENDY WOOD by and through its
27 Successor-in-interest ADRIENNE SPOHR, request the assessment of punitive damages
28
7
COMPLAINT FOR DAMAGES
1 against Defendants, and each of them, including DOES 1 through 10, inclusive, in an
2 amount appropriate to punish and/or set an example of them.
3 THIRD CAUSE OF ACTION
4 Intentional Infliction of Emotional Distress (Against all Defendants)
5 34. Plaintiffs incorporate by reference and reallege each and every allegation
6 and statement contained in the prior paragraphs.
7 35. This complaint alleges actions for damages pursuant to the common law of
8 the State of California as determinable from the face of the complaint.
9 36. The malicious, despicable, cruel, and unjust conduct of Defendants, and
10 each of them, including DOES 1 through 10, inclusive, as described in this complaint,
11 was extreme and outrageous and committed with wanton and reckless disregard of the
12 probability of causing Plaintiff ADRIENNE SPOHR to suffer severe emotional distress.
13 37. The malicious, despicable, cruel, and unjust conduct of Defendants, and
14 each of them, including DOES 1 through 10, inclusive, as described in this complaint,
15 caused Plaintiff ADRIENNE SPOHR to suffer the loss of her father by first degree
16 murder and to endure watching her mother suffer for a month in Intensive Care Unit
17 and several weeks in rehab, relearn basic skills, including how to walk, talk, and eat
18 again, and memory loss.
19 38. As a proximate result of the malicious, despicable, cruel, and unjust conduct
20 of Defendants, and each of them, including DOES 1 through 10, inclusive, as described in
21 this complaint, Plaintiff ADRIENNE SPOHR suffered shame, humiliation, mental
22 anguish, and extreme emotional and physical distress all to her general damage, which
23 will be stated according to proof, pursuant to Section 425.10 of the California Code of
24 Civil Procedure.
25 39. As a direct, foreseeable, and legal result of the malicious, despicable, cruel,
26 and unjust conduct of Defendants, and each of them, including DOES 1 through 10,
27 inclusive, as described in this complaint, Plaintiff ADRIENNE SPOHR has suffered and
28 continues to suffer substantial losses in earnings, bonuses and other employment
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COMPLAINT FOR DAMAGES
1 benefits, in addition to expenses incurred in obtaining alternative employment, and has
2 suffered and continues to suffer shame, humiliation, mental anguish, and extreme
3 emotional and physical distress all to her general damage, which will be stated according
4 to proof, pursuant to Section 425.10 of the California Code of Civil Procedure.
5 40. Because the malicious, despicable, cruel, and unjust conduct of Defendants,
6 and each of them, including DOES 1 through 10, inclusive, as described in this
7 complaint, was committed in a deliberate, cold, callous, calculating, premeditated,
8 intentional and/or unreasonable manner, causing fatal injuries to Plaintiffs Decedents,
9 and done with conscious disregard of Plaintiff ADRIENNE SPOHR's rights and safety,
10 Plaintiff ADRIENNE SPOHR, requests the assessment of punitive damages against
11 Defendants, and each of them, including DOES 1 through 10, inclusive, in an amount
12 appropriate to punish and/or set an example of them.
13 FOURTH CAUSE OF ACTION
14 Punitive Damages (Against all Defendants)
15 41. Plaintiffs incorporate by reference and reallege each and every allegation
16 and statement contained in the prior paragraphs.
17 42. The conduct of Defendants, and each of them, including DOES 1 through
18 10, inclusive, as described in this complaint, was committed in a deliberate, cold, callous,
19 calculating, premeditated, intentional and/or unreasonable manner, causing fatal
20 injuries to Plaintiffs Decedents, and done with conscious disregard of Plaintiffs', and
21 each of them, rights and safety.
22 43. Because the malicious, despicable, cruel, and unjust conduct of Defendants,
23 and each of them, including DOES 1 through 10, inclusive, as described in this
24 complaint, was committed in a deliberate, cold, callous, calculating, premeditated,
25 intentional and/or unreasonable manner, causing fatal injuries to Plaintiffs Decedents,
26 and done with conscious disregard of Plaintiffs', and each of them, rights and safety,
27 Plaintiffs request the assessment of punitive damages against Defendants, and each of
28 them, including DOES 1 through 10, inclusive, in an amount appropriate to punish
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COMPLAINT FOR DAMAGES
1 and/or set an example of them pursuant to California Code of Civil Procedure section
2 3294.
3 DEMAND FOR JURY TRIAL
4 44. Plaintiffs hereby demand a jury trial.
5 PRAYER FOR RELIEF
6 Plaintiffs seek the following damages in an amount according to proof at trial:
7 For Wrongful Death and Survival:
8 (1) For non-economic damages suffered by Plaintiff ADRIENNE SPOHR
9 including, but not limited to the loss oflove, affection, society, service,
10 comfort, support, right of support, expectations of future support and
11 counseling, companionship, solace, and mental support, as well as other
12 benefits and assistance of Plaintiffs Decedents, in a sum in excess of the
13 jurisdictional minimum, according to proof;
14 (2) For economic damages suffered by Plaintiff THE ESTATE OF ROBERT
15 G. SPOHR by and through its Successor-in-interest ADRIENNE SPOHR, and
16 Plaintiff THE ESTATE OF WENDY WOOD by and through its Successor-in-
17 interest ADRIENNE SPOHR, related to the loss of earnings according to
18 proof;
19 (3) For funeral and burial expenses suffered by Plaintiffs, according to
20 Proof;
21 (4) For hospital, medical, professional, and incidental expenses suffered by
22 Plaintiffs, according to proof;