Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.January 31, 2018

K; I PLD-Pl-001 NITORNEY 0R PARTY WITHOUT ATTORNEWName, Stat; Isa/number. and address); - Michael A. Horowitz (SBN 151239) Habbas, Nasseri &Associates 675 North First Street, Suite 1000 San Jose, CA 95112 - TELEPHONE No: (408) 278-0480 FAX NO.(Optbnsl): (408) 278-0488 E-MAILADDRESS (cpmnao: Iitigation@habbaslaw.com ATTORNEYFOR (Name): Plaintiff, KYLE DONNELLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREEIADDRESS: 191 North First Street MAILINGADDRESS: 191 North First Street CITYAND ZIP CODE: San Jose, CA 95113 BRANCH NAME: Unlimited Jurisdiction Civil Case PLAINTIFF: KYLE DONNELLY DEFENDANT:~ GABRIEL DOMINGUEZ VALDEZ, RAFAEL DURAN-VIEYRA, and El DOEs1Tozn--__ COMPLAINT-Personal Injury, Property Damage, Wrongful Death D AMENDED (Number): Type (check all that apply): El MOTOR VEHICLE Cl OTHER (specify): El Property Damage CI Wrongful Death E Personal Injury C] Other Damages (specify): F JAN 3 ‘l 2018 Clerk of the Court Superior Court of CA County 01 Santa Clara BY DEPUTY S $68. H083 Jurlsdiction (check all that apply): El ACTION IS A LIMITED CIVIL CASE Amount demanded C] does not exceed $10,000 CI exceeds $10,000, but does not exceed $25,000 El ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) CI ACTION IS RECLASSIFIED by this amended complaint [I from limited to unlimited C] from unlimited to limited CASE NUMBER: 18CV3 22660 1. Plaintiff (name or names): KYLE DONNELLY alleges causes of action againstdefendant (name or names): GABRIEL DOMINGUEZ VALDEZ, RAFAEL DURAN-VIEYRA, and DOES 1 to 20 I” 3. Each plaintiff named above is a competent adult a. CI except plaintiff (name): (1) CI a corporation qualified to do business in California (2) C] an unincorporated entity (describe): (3) E] a public entity (describe): (4) CI a minor C] an adult This pleading. including attachments and exhibits, consists of the following number of pages: 4 (a) I2] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) C] other (specify): (5) C] other (specify): b. E] except plaintiff (name): (1) C] a corporation qualified to do business in California (2) C] an unincorporated entity (describe): (3) C] a public entity (describe): (4) CI a minor D an adult (a) CI for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) a other(specify): (5) [Z] other (specify): CI Information about additional plaintiffs who are not competent adults is shown In Attachment 3. Pagetcls Form rovedloro u Iu . ' CodeolCivfl Procedure. 425r12 Judicfiifilounciloicgllgriiasa COMPLAINT Personal Injury’ Property wwwcourn'n .53,c MarflnDcan's Puwwm [Rav- January t. 2mm. ESSENTIAL IflIIMS'“ Damage, Wrongful Death Donnelly v. Valdez, et al 3 , L: PLD-Pl-001 SHORT TITLE: ‘ cis’s NUMBER: DONNELLY v. VALDEZ, et al. 4. CI Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. CI except defendant (name): c. D except defendant (name): (1) C] a business organization, form unknown (1) C] a business organization, form unknown (2) CI acorporation (2) CI acorporatl'on (3) C] an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) CI a public entity (describe): (4) C] a public entity (describe): (5) CI other (specify): (5) Cl other (specify): b. CI except defendant (name): d. CI except defendant (name): ) C] a business organization, form unknown (1) a a business organization, form unknown (2) CI acorporation (2) CI a corporation (3) C] an unincorporated entity (describe): (3) CI an unincorporated entity (describe): (4) E] a public entity (describe): (4) C] a public entity (describe): (5) CI other (specify): (5) CI other (specify): CI information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. El Doe defendants (specify Doe numbers): 1-20___-were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. El Doe defendants (specify Doe numbers): :L-2L-__are persons whose capacities are unknown to plaintiff. 7. CI Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court' Is the proper court because a. CI at least one defendant now resides In its jurisdictional area. b. CI the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. 0. El injury to person or damage to personalproperty occurred in its jurisdictional area. d. CI other (specify): 9. Cl Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. CI is excused from complying because (specify): ”WM“ [“5“ “WW " 20°71 COMPLAINT-Personal Injury, Property Page 2 o. 3 a. m Damage, Wrongful Death ESSEHHAL illllMS'“ Donnelly v. Valdez, et al ‘ <" i : ‘ PLD-PL001 SHORT TITLE: “ , ' sag NUMBER DONNELLY v. VALDEZ, et al. 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): El Motor Vehicle C] General Negligence C] Intentional Tort '2] Products Liability CI Premises Liability C] Other (specify) : see??? 11. Plaintiff has suffered E wage loss a loss of use of property El hospital and medical expenses El general damage El property damage El loss of earning capacity E] other damage (specify) : Prejudgment interest and other damages according to law and proof at trial. shoppe?!» 12. CI The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. 1:] listed in Attachment 12. b. C] as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable: and for a. (1) El compensatory damages (2) E] punitive damages The amount of damages is (in cases for personal' Injury or wrongful death, you must check (1)): (1) El according to proof (2) CI in the amount of: $ 15. D The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): ae: Janua ,2 18 DMLW a .,'ym::,.,z°(saumm, W///A ibizzy (TYPE 0R PRINT NAME) WATyfiefirfiwNTrFF OR ATTORNEY) Punmm [Revr January1,2001'] COMPLAINT-Personal Injury, Proflerty 7‘92“” '69 Mormon-rt .. Damage, Wrongful Death BSEllilAl HIRMS Donnelly v. Valdez, el: al . a» r ” \ K4“ \ / PLD-Pl-001(1) SHORT TITLE: CASE NUMBER: DONNELLY v. VALDEZ, et al. -’_(m_mEeErtRSJ'--.' CAUSE OF ACTION- Motor Vehicle ATTACHMENT TO IE] Complaint C] Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): KYLE DONNELLY MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date): May 9, 2016 at (place): Oakland Road at or near Gish Road, San Jose, Santa Clara County, California MV-2. DEFENDANTS a. [Z] The defendants who operated a motor vehicle are (names): GABRIEL DOMINGUEZ VALDEZ, and EIDoes :l. _ t020_ b. E The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): GABRIEL DOMINGUEZ VALDEZ, RAFAEL DURAN-VIEYRA, and El Does _1__ to 20- c. E] The defendants who owned the motor vehicle which was operated with their permission are(names): GABRIEL DOMINGUEZ VALDEZ, RAFAEL DURAN-VIEYRA, and E] Does J- to 20-- d. a The defendants who entrusted the motor vehicle are (names): GABRIEL DOMINGUEZ VALDEZ, RAFAEL DURAN-VIEYRA, and El Does i; to 20-- e. El The defendants who were the agents and employees of the other defendants and acted within the scope of Me agency were (names): GABRIEL DOMINGUEZ VALDEZl RAFAEL DURAN-VIEYRA, and El Does .1- to 20- f. D-The defendants who are liable to plaintiffs for other reasons and me reasons for the liability are C] listed in Attachment MV-2f D as follows: CI Does _ to __ Page J_ Fag“ on Forum raved taro fionsl Use . Contact Civil Procedure 425.t2 Judiu'a'ipcuuncn olcglitamla CAUSE OF ACTION - Motor Vehicle wwmmwtmfgcagov PLD-PI-OO1UHReV. January 1. 2007] c. Mann-Duns ESSENTIAL HIIIMS'" Donnelly v. Valdez, et al