Complaint Limited 10K and 25KCal. Super. - 6th Dist.October 18, 2018E-FILED 10/18/2018 10:39 AM Clerk of Court Superior Court of CA, County of Santa Clara 18CV336588 Reviewed By: V. Taylor 18CV336588 PLD-Pl-001 ATTORNEY OR PARTY WiTHOUT ATTORNEY (Name. Slate Bar number, and address): FOR COURT USE ONLY -Haeyoung Lee 171411 law Office ofHaeyoung Lee 907 Civic Center Drive Santa Clara CA 95050 TELEPHONE No: (408) 248-3 509 FAX No. (Optional): (408) 248-3526 E-MAIL ADDRESS (Optionaozhyflaw@aol,com ATTORNEY FOR (Name): Seol Young Chung sUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 N, First Street MAILING ADDRESS; 191 N, First Street CITY AND ZIP CODE: San Jose CA 95 1 13 BRANCH NAME: Civil Division PLAINTIFF: Seol Young Chung DEFENDANT: Sara Elizabeth Mendez-Arriola aka Sara Mendez, Hector David M.‘ EcheverriaJNeda Shaman {Nader Shahiarm DOES1 To 10 ' ' COMPLAINT-Personal lnjury, Property Damage, Wrongful Deathm AMENDED (Number): Type (check all that apply):m MOTOR VEHICLE [:1 OTHER (specify): Property Damage C' Wrongful Death X Personal Injury m: Other Damages (specify):incidentals Jurisdiction (check all that apply): CASE NUMBER:m ACTION Is A LIMITED CIVIL CASE Amount demanded D does not exceed $10,000 [X] exceeds $1 0,000, but does not exceed $25,000 C] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by this amended complaint [:1 from limited to unlimitedE from unlimited to limited 1. Plaintiff {name or names): Seol Young Chung alleges causes of action against defendant (name or names): Sara Elizabeth MendeZ.An-iola aka Sara Mendez, Hector David M. Echevenia, Neda Shahiar, Nada Shahia md Does 1 to 10 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. E except plaintiff (name): (1) E a corporation qualified to do business in California (2) [:1 an unincorporated entity (describe): (3) E: a public entity (describe): (4) E a minor D an adult (a) E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify): (5) D other (specify): b. 1::I except piaintiff (name): (1) [:3 a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) E a public entity (describe): (4) E] a minor E an adult (a) D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) D other (special): (5) E: other (specifil): U Information about additiona| plaintiffs who are not competent adults is shown in Attachment 3. P 1 f 3age o Form Approved tor Optional Use c0MpLA|NT_persona| Injury, Pro perty CEB Cude of Civil Plocedure. § 425.12Judicial Ccunci: of California Myw.cowlinfo.va.govPLo-Pmm (Rev. January 1, 20071 Damage, Wrongful Death PLD-PI-oo1 ' SHORT TITLE: . CASE NUMBER: - Chung v. Mendez-Arriola, et a1. 4. D Plaintiff (name): is doing business underthe fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. D except defendant (name): c. [:3 except defendant (name): (1) a a business organization, form unknown (1) E a business organization, form unknown (2) E a corporation (2) a a corporation (3) E an unincorporated entity (describe): _ (8) E: an unincorporated entity (describe): (4) D a public entity (describe): - (4) E a public _entity (describe): (5) E other (specify): (5)' E] other (specify): b. m except defendant (name): d. Dexcept defendant (name): (1) E a business organization, form unknown (1) E a business organization, form unknown (2) E a corporation - (2) E a corporation (3) D an unincorporated entity (describe): (3) [:3 an unincorporated entity (describe): (4) E a public entity (describe): (4) D a public entity (describe): (5) [:3 other(specify): (5) E other (spacing: E 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. m Doe defendants (special Doe numbers): 1 t0 10 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. m Doe defendants (specify Doe numbers): Ito 10 are persons whose capacities are unknown to plaintiff. - ' . 7. U Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. m at least one defendant now resides in its jurisdictional area. b. m the principal place of business of a defendant corporation or unincorporated association is in itsjurisdictional area. c. [m injury to person or damage to personal property occurred in its jurisdictional area. d. E other (specify): 9. E Plaintiff is required to comply with a claims statute, and a. a has complied with applicable ctaims statutes, or b. E is excused from complying because (specify): PLD-Pl-om [Rev.January 1,2007} COMPLAINT-Personal Injury, Property' CEB PagezoraDamage, Wrongful Death PLD-Pl-001 SHORT TITLE: - ' cAss NUMBER; Chung v. Mendez-Arriola, et a1. 1 0. The following causes of action are attached and the statements above apply to each (each complaint musthave one or more causes of action attached): . m Motor Vehicle . m General Negligence . D Intentional Tort . D Products Liabiiity . [j Premises Liabiiity [:3 Other (specify): ?”(DQOUQ) 11. Plaintiff has suffereda wage iossE loss of use of property [E hospital and medical expenses EX] general damageE property damage [j loss of earning capacity [X] other damage (specify): incidental damages (??“SDP-psrsn _12. a The damages claimed for wrongful death and the relationships of pfaintiff to the deceased are a. a listed in Attachment 12. b. D as folEOWS: 13. The retief sought in this complaint is within thejurisdiction of this coun. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) m compensatory damages (2) m punitive damages " . The amount of damages is (in cases for persona! injury or wrongful death, you must check (1)): (1) according to proof (2) E inthe amountof: $ 15. E The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date:October L&OIS I /\_\ Haeyoung Lee >W (TYPE 0R PRINT NAME) v (SIGNATURE 0F PLAWATTORNEY) \ PLD.PI.oo1 [Ram January 1, 2007] COMPLAINT-Personal Injury, Property CEB NJ Page 3 of 3Damage. Wrongful Death PLD-PI-oo1(1) SHORT TITLE: . CASE NUMBER: Chung v. Mendez-Arriola, et a1. First CAUSE 0F ACTION-Motor Vehfcle (number) ATTACHMENT To m] Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Seol Young Chung MV- 1. PEaintiff 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): 04/25/2018 at (mace).- MagdalenaAve and Hillview Road in Los Altos MV- 2. DEFENDANTS a. E The defendants who operated a mqtor vehicie are (names): Sara Elizabeth Mendezan‘iola aka Sara Mendez and Neda Shahlar. E Does to b. D The defendants who employed the persons who operated a motor vehicle in the course of their empioyment are (names): D Does to c. [E The defendants who owned the motor vehicle which was operated with their permission are (names): Hector David M. Echeverria and Nader Shahiar E Does to d. m The defendants who entr_usted the motoryehicle are (names): ' Hector Dav1d M. .Echevema and Nader Sluhxar E Does to e. [E The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): m Does 1 to .1 0a The defendants who are liable to plaintiffs for other reasons and the reasons for the Eiability area listed in Attachment MV-2f D as follows:T“ E Does to page 4 Page 1 o! 1 Form Approved for Oplional Use _ - . . Judicm Council Dwamamia CAUSE 0F ACTION MOtOf Vehlcle CEB Codeofc:$$rggz’$¢gr::§s,g1oe PLD-Pl-Oom) [Rem January 1. 2007] P_LD-PI-oo1(2) SHORT TITLE: CASE NUMBER: Chung V. Mendez-Arriola, et a1. Second CAUSE 0F ACTION-GeneralNegligence Page 5 (number) ATTACHMENTTO m Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Seol Young Chung alleges that defendant (name): Sala Elizabeth Mendezan‘iola aka Sala Mendez and Neda Shahiar EX] Does I to 10 was the Iegal (proximate) cause of damages to pIaintiff.- By the following acts or omissions to act, defendant negligently caused the damage to piaintiff on (date): 04/25/2018 at (place): MgdalenaAvenue at Hillview Road in Los Altos (description of reasons for liability): OnApril 25, 2018, approximately at 3 :25 p.m, Plaintiffwas driving Lexus in the #1 Lane ofMagdalenaAvenue westbound near Hillview Road 1n Los Altos at approximately 30 mph. Plaintiff Chung was suddenly struck fiom behind by Toyota Corollar driven by Defendant Mendez-Arriola which was hit by a Volkswagen driven by defendant Shahiar. Both defendants violated the provision 0fthe California Vehicle Code Sections 2 1703 [following too closely] and 22350 [unsafe speed]. Defendants Mendez-Arriola and Shahiar's unsafe driving in violation 0f California Vehicle Code, including, but not limited t0, 21703 and 22350 constitutw negligence per se. As a result of defendants' negligent driving, plaintifi‘s suffered gmeral damages, medical costs, and incidental damages, the precise amount of which will be proven at trial. - - Page 1 0H Form Approved t_or Opliqnal Use CAUSE 0F Ach0N_Gen etal Negl igence CEB ‘ Coda o! cmtrzgsgxlrziihségJudicial Council of California PLD-P!-001(2) (Rev. January 1, 2007]
