Complaint Limited Up to 10K

Cal. Super. - 6th Dist.September 23, 2020

\OOONONUl-PUJNt-t NNNNNNNNNr-tr-tr-tr-tr-tb-tr-tr-tb-tr-t OOQONUl-PUJNHOKOOONQUI-PUJNb-‘O E-FILED 9/23/2020 11:49 AM STANLEY J. MICHAEL [SBN 145596] Clerk Of Court DOROTHY T. TRAN [SBN 269617] MICHAEL, TRAN & GOLDBERG SUPer'Or COU” 0f CA, 3055 Oak Road, Mailstop W430 county Of santa Clara Walnut Creek, CA 94597 200V371 133 Phone No.: 925-279-5254 Reviewed By: M Vu Fax No.: 925-279-5623 Email: stanlev.michael@csaa.com Attorneys for Plaintiff CSAA INSURANCE EXCHANGE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION CSAA INSURANCE EXCHANGE, Case N0. ZOCV371 133 Plaintiff, COMPLAINT FOR DAMAGES (Damages D0 Not Exceed $10,000) V' 1. Negligence 2. Equitable Subrogation JAVIER NAVARRO FLORES, DOES 1 t0 10, Defendants. Plaintiff, CSAA INSURANCE EXCHANGE (hereinafter “Plaintiff’) alleges as follows: 1. PlaintiffCSAA is a reciprocal insurance exchange, fully licensed t0 d0 business as an insurance carrier in the State of California. 2. Andrew Moyer (“INSURED”) is, and at all times mentioned herein was the owner 0f a vehicle involved in the motor vehicle collision 0n 0r about October 11, 2017. 3. At all times herein mentioned, CSAA insured the INSURED’S vehicle under an automobile policy of insurance. At all times herein mentioned, said insurance policy obligated CSAA t0 indemnify INSURED against losses or damages t0 the aforementioned vehicle. 4. Venue is appropriate with this court as the subj ect motor vehicle collision occurred in Santa Clara County, California. COMPLAINT FOR SUBROGATION - NEGLIGENCE \OOOflQUl-PUJNt-k NNNNNNNNNr-tt-th-tr-tt-th-tr-tt-th-tr-t OOQONU‘I-PUJNHOKDOONONLJI-PUJNF-‘O 5. The true names and capacities of defendants DOES 1 to 10, inclusive, are unknown t0 Plaintiff, who therefore sues said defendants by such fictitious names. Plaintiff will amend this Complaint With the true names and capacities 0f said factiously named Defendants once they have been ascertained. Plaintiff is informed and believes, and thereon alleges, that each of the defendants is negligently responsible or actionably liable in some manner for the events and happenings herein referred to, and proximately thereby caused damages t0 Plaintiff as hereinafter alleged. 6. Plaintiff is informed and believes, and thereon alleges, that at all times herein mentioned, each of the defendants named in the caption of this complaint were the agents, servants, and/or employees 0f all other defendants mentioned herein, and each 0f them, and were at all such times acting within the purpose and scope of such agency, service, 0r employment. FIRST CAUSE OF ACTION (NEGLIGENCE - AS AGAINST ALL DEFENDANTS) 7. Plaintiff incorporates each and every allegation contained in Paragraphs 1 through 6 herein. 8. On 0r about October 11, 2017, Defendant JAVIER NAVARRO FLORES, Does 1 to 10 failed t0 exercise due care, and negligently operated, maintain and control a motor vehicle causing a collision Which damaged the INSURED vehicle. Defendant, JAVIER NAVARRO FLORES, Does 1 to 10 was operating a vehicle owned by JAVIER NAVARRO FLORES and Does 1 to 10. This incident occurred on State Route 85 in Santa Clara County, California. 9. As a direct and proximate result 0f the above-stated acts and/or omissions to act by Defendants, and each 0f them, plaintiff’s INSURED suffered damage in the sum 0f $24,250.65. SECOND CAUSE OF ACTION (EQUITABLE SUBROGATION - AS AGAINST ALL DEFENDANTS) 10. Plaintiff incorporates each and every allegation contained in Paragraphs 1 through 9 herein. 11. Defendants negligently caused damages sustained by Plaintiff’s INSURED. 12. Pursuant t0 its contract 0f insurance With INSURED, Plaintiff paid $24,250.65 for COMPLAINT FOR SUBROGATION - NEGLIGENCE -2- \OOONONUl-PUJNt-t NNNNNNNNNr-tr-tr-tr-tr-tb-tr-tr-tb-tr-t OOQONUl-PUJNHOKOOONQUI-PUJNb-‘O damage to the INSURED vehicle in under CSAA Claim 1002-34-0485. 13. Pursuant t0 said policy, Plaintiff was thereby subrogated in place of, and t0 the claims and demands 0f its INSURED. 14. Plaintiff is, therefore, entitled to its right of subrogation to recover from defendants, and each of them, the sum 0f $24,250.65. WHEREFORE, Plaintiff prays for judgment against defendants, and each of them, as follows: 1. For damages in the sum of $10,000.00 reduced t0 meet jurisdictional limits 0f court; 2. For costs of suit incurred herein; 3. For interest, prejudgment and/or otherwise, as allowed by law; 4. For such other and further relief as the Court may deem just and proper. DATED: September 8, 2020 MICHAEL TRAN & GOLDBERGWW STANLEY J. MICHAEL Attorneys for Plaintiff CSAA INSURANCE EXCHANGE COMPLAINT FOR SUBROGATION - NEGLIGENCE -3-