Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.August 14, 2019E-FILED 8/14/2019 4:45 PM Clerk of Court Superior Court of CA, County of Santa Clara 19CV353256 Reviewed By: L Del Mundo 19CV353256 PLD-Pl-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Barnumer. Mdamass) FORCOURT USE ONLY Betsy Van Hees 21422 Roaring Water Way Los Gatos, CA 95033 Temmoua no: 41 5-3 1 6-0594 m no (man: E.MAIL aonnsss (omenwv MTORNEY Fommnm Pro Se SUPERIORcoum or: cALIFoamA, couuw 0F Santa Clara STREETADDREss 20l N. First Street MAILING ADDRESS l9l N. First Street Cm AND ZIP cons San Jose, CA 951 l3 BRANCHNAME Civil PLAINTIFF: Betsy Van Hecs DEFENDANT: LGD Trucking Corporation DOES1T0 5 COMPLAINT-Personal Injury. Property Damage. Wtongful DeathD AMENDED (Number): Type (check all that apply): MOTOR VEHICLE E OTHER (specify): J Property Damage Wrongful Death I Personal lnjuty I Other Damages (specify): Punitive Jurisdiction (check all that appiy): CASE NUMBER-E ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $10,000E exceeds $1 0,000, but does not exceed $25,000'E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)3 ACTION IS RECLASSIFIED by thls amended complaintE ftom limited to unlimitedm from unlimited to limited 1. Plalntlff (name ornames): Betsy Van Hces alleges causes of action against defendant (name or names): LGD Trucking Corporation 2. This pleading, including attachments and exhibits. consists of the following number of pages: 5 3. Each plaintiff named above is a competent adult a. except plaintiff (name): LGD Trucking Corporation (1) a corporation qualified to do business in California (2}E an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor E 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)E other (specify): b. D except plaintiff (namer (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor E an adult (a) E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specifir): (5)E other (specify): E Information about additional plaintiffs who ate not competent adults is shown in Attachment 3. Ply. 1 cl 3 ‘mmmgéfofgndfigu COMPLAINT-Personal Injury. Property cm °'Wmcgggnggig PLD-PI-om [Ramanuary 1. 2007] Damage, Wrongful Death PLD-PI-OM SHORT TITLE: Van Hees vs. LGD Trucking Corporation CASE NUMBER' 4. Plaintiff (name): LGD Trucking Corporation is doing business under the fictitious name (specify): LGD Trucking Corporation and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): (1)E a business organization. fonn unknown (2) a corporation (3)D an unincorporated entity (describe): (4)E a public entity (describe): (5)E other (specify).- b. E except defendant (name): (1)E a business organization. form unknown (2)E a corporation (3)E an unincorporated entity (describe): (4) D a public entity (describe): (5) E other (specify): c. E except defendant (name): {1)E a business organization. form unknown {2)E a corporation (3)E an unincorporated entity (describe): (4) E a public entity (describe).- (5) E other (special): d. E except defendant (name): (1)a a business organization, form unknown (2)D acorporation (3)E an unincorporated entity (describe): (4)a a public entity (describe): (5)E other (specifir): E lnfonnation 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. Doe defendants (special Doe numbers): l were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): n plaintiff. are persons whose capacities are unknown to 7. E Defendants who are joined under Code of Civil Procedure section 332 are (names): B. This court is the proper court because a. D at least one defendant now resides In its jurisdictional area. b. E the principal piace of business of a defendant corporation or unincorpomted association is in its jurisdictional area. c. injury to person or damage {o personal preperty occurred in its jurisdictional area. d. E other (specify): 9. Plaintiff is required to comply with a claims statute. and a. has complied with applicable claims statutes. or b. D is excused from complying because (specify): PLD-Pwm [R-uanumy 1. zoon COMPLAINT-Personal Injury, Property mum Damage. Wtongful Death PLD-Pl-OO1 SHORT TITLE: use nuuaan Van Hees vs. LGD Trucking Corporation 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).- Motor Vehicle General NegligenceD Intentional TortE Products LiabilityE Premises LiabilityE Other (specify): ”999?? 11. Plaintiff has suffered wage lossE loss of use of property hospital and medical expenses general damage property damage loss of earning capacity other damage (specify): Punitive damages F!” @fippp 12. D The damages claimed for wrongful death and the relationships of plaintiff to me deceased are a. E listed in Attachment 12. b. D as follows: 13. The relief sought in this complaint is within the iurisdiction of this court. 14. Plaintiff prays forjudgment for costs of suit; for such relief as is fair. just. and equitable: and for a. (1) I compensatory damages (2) I punitive damages The amount of damages is (in cases for persona! injun/ or wrongful death; you must check (1)): (1) I according to proof (2) in the amount off $ 15. D The paragraphs of this complaint alleged on infon'nation and belief are as follows (specify paragraph numbers): Date: August l4, 2019 rMvaM (TYPE 0R PRINT NAME] /SIGNATURE OF PLAINTIFF OR ATTORNEY) PLMI-om (Rev. Jammy 1. man COMPLAINT-Personal Injury, Property Pm 3 vi 3 Damage, Wrongful Death PLD-PI-oom) SHORT TITLE: use NUMBER Van Hees vs. LGD Trucking Company First CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT TO Complaint E Cross-Complaint (Use a separate cause of action farm for each cause of action) Plaintiff (name): Betsy Van Hees 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): August l5, 20l7 at (place): Sunol Grade - Interstate 680 (1-680) is a north+south Interstate Highway in Northern California. The highway (680) crosses over Mission Pass, also known as the Sunol Grade, and descends into the Sunol Valley, where it meets SR 84 near Sunol. MV- 2. DEFENDANTS a. E The defendants who operated a motor vehicle are (names): a Does to b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): LGD Trucking Company, 34291 Mulberry Terrace, Fremont CA 94555 Phone number: (408) 791-5968 Does to 5" The defendants who owned the motor vehicle which was operated with their permission are (names): LGD Trucking Company, 34291 Mulberry Terrace, Fremont CA 94555 Phone number: (408) 791-5968E Does to d. E The defendants who entrusted the motor vehicle are (names).- 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): E Does to f. E The defendants who are liable to plaintiffs for other reasons and the reasons for the liability areE listed in Attachment MV-2f E as follows: D Does to Page Paul 1 of 1 Fotm Appmvad lor Optional Use _ ' l ' ‘ 4 5.1 Judiu'al Comal of Califom‘a CAUSE OF ACTION MDtor VEhICIe com a cmmtgfaa c: go: PLD-Pmou‘l) [Ru January 1. 2037] PLD-PI-oo1(2p SHORT TITLE: CASE NUMBER- Van Hees vs. LGD Trucking Corporation Second CAUSE OF ACTION-General Negligence Page I (number) ATTACHMENTTO Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Betsy Van Hees alleges ‘hat defendani (tram): LCD Trucking Corporation E Does 10 was the legal (proximate) cause of damages to plaintiff. By the foIlowing acts or omissions to act. defendant negligently caused the damage to plaintiff on (date): August 15, 20] 7 at (place): Sunol Grade on Interstate 680 (description of reasons far Iiabilily): Traffic was stop and go on Interstate 680 heading North on the section of the highway known as Sunol Grade. [t was a clear and sunny day with visibility at about 100%. I was heading north and was on a downward slope of the highway at the time the collision occurred which provided even greater visibility of the traffic patterns ahead on a long stretch of highway. With the greater than typical visibility, it was very clearly visible that the traffic ahead ofme was slowing as the traffic ahead of that was coming to a complete stop. With visibility at 100% and ample distance between myseif and the car in front of me, l came to a controlled and complete stop as did the cars next to me in the other lanes of traffic. My foot was firmly planted on the break. I did not hear tires screeching in an attempt to break for the traffic that Was stopped so I was completely taken by surprise when my car was hit from behind. Even with my foot firmly planted on the break, the force of the impact from the vehicle behind me was so significant that it lifted my 2006 750i BMW that weights approximately 4,486 lbs off the ground and I hit the car in front of me. The vehicle that hit my car was operated by an employee ofLGD Trucking Company. The driver of the vehicle owned by LGD Trucking Corporation had even greater visibility than the cars and SUVs around it as it was a large truck with the driver sitting up higher than the rest ofthe traffic. In addition, t0 sitting up higher than the rest of the traffic around and ahead of us, we were on a downward slope of the 680 which provided even greater visibility of the traffic pattern that was ahead of us that was slowing and coming to a complete stop. The driver of the vehicle owned by LGD Trucking Corporation was 100% at fault for the collision resulting in significant damage to my vehicle and the injuries that I sustained from the accident. Page 1 ol 1 - Code Ofci 'Imum 425.12 fifigfi'gfifififgfiflfi“ CAUSE OF ACTION-General Negligence L_Mnymw PLD-Pwouzp [Raw January 1. 20071
