Shelly Max vs ESA P Portfolio, LLC., dba Extended Stay America et al.

3. At all times relevant herein, Plaintiff SHELLY MAX ("Plaintiff"), is and was a resident of the County of San Joaquin, California, over the age of eighteen (18) years.

4. Plaintiff is informed and believes, and based upon such information and belief alleges that at all times relevant herein, Defendant ESA P PORTFOLIO, L.L.C., dba EXTENDED STAY AMERICA ("Defendant"), is a Delaware Corporation, doing business in the County of San Joaquin, at , which is the location wherein the injuries and damages occurred.

5. Plaintiff is informed and believes, and based upon such information and belief alleges that at all times relevant herein, Defendant ESA P PORTFOLIO OPERATING LESSEE, LLC ("Defendant"), is a Delaware Corporation, doing business in the County of San Joaquin, at , which is the location wherein the injuries and damages occurred.

6. Plaintiff is informed and believes, and based upon such information and belief alleges that at all times relevant herein, Defendant ESA MANAGEMENT, LLC ("Defendant"), is a Delaware Corporation, doing business in the County of San Joaquin, at , which is the location wherein the injuries and damages occurred.

7. The true names and/or capacities, whether individual, corporate, associate or otherwise of the Defendants DOES 1 through 50, inclusive, and each of them, are unknown to Plaintiff who therefore sues said Defendants by such fictitious names pursuant to Code of Civil Procedure § 474. Plaintiff is informed and believes and thereon alleges that each of these Defendants fictitiously named herein as a DOE is legally responsible, negligent or in some other actionable manner liable for the events and happenings hereinafter referred to, and proximately and legally caused the injuries to Plaintiff as hereinafter alleged. Plaintiff will seek leave of the Court to amend this Complaint to insert the true names and/or capacities of such fictitiously named Defendants when the same has been ascertained.

8. Plaintiff is informed and believes, and based upon such information and belief alleges that at all times relevant hereto, each Defendant, including DOES 1 through 50, was the owner, servant, agent, joint-ventures, employee or employer of each of its co-Defendants, and in

doing the acts hereinafter mentioned, each Defendant was acting within the scope of its authority and with the permission and consent of its co-Defendants, and each of them, and that said acts of each Defendant was ratified by said Defendant's co-Defendants, and each of them and every Defendant, as aforesaid, when acting as a principal, was negligent in the selection and hiring of each and every other Defendant as an agent, employee and/or joint ventures.

9. Plaintiff is informed and believes, and based upon such information and belief alleges that all of the acts, conduct, and nonfeasance herein carried out by each and every representative, employee or agent of each and every corporate or business defendant, were authorized, ordered, and directed by the respective defendant's corporate or business employers, officers, directors and/or managing agents; that in addition thereto, said corporate or business employers, officers, directors and/or managing agents had advance knowledge of, authorized, and participated in the herein described acts, conduct and nonfeasance of their representatives, employees, agents and each of them; and that in addition thereto, upon the completion of the aforesaid acts, conduct and nonfeasance of the employees and agents, the aforesaid corporate and business employers, officers, directors and/or managing agents respectively ratified, accepted the benefits of, condoned and approved of each and all of said acts, conduct or nonfeasance of their co- employees, employers, and agents. In addition, at all times herein relevant, each defendant, whether named herein or designated as a DOE, was a principal, master, employer and joint venturer or every other defendant, and every defendant was acting within the scope of said agency authority, employment, and joint venture. 10. Each reference in this complaint to "Defendant," "Defendants," or a specifically named Defendant refers to each of the DOE defendants sued under fictitious names.

11. Plaintiff is informed and believes, and based upon such information and belief alleges that at all times relevant, Defendants, each of them, owned, leased, occupied, managed,