Complaint Limited 10K and 25K

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

E-FILED 11/23/2020 9:34 AM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373896 Reviewed By: R. Tien 20CV373896 PLD-Pl-001 FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): Ali R. Moghaddami, Esq. SBN 174548 LAW OFFICES OF ALI R. MOGHADDAMI 333 E. Glenoaks Blvd., Suite 202 Glendale, CA 91207 TELEPHONE No (81 8) 500-4] 1 1 FAX Mo‘ (Optional). E-MAIL ADDRESS (Optional) momevponmame). Plaintiffs, Adib Besharati, Rafat Orougi SUPERIOR coum or CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS. l9] N. First Street MAILINGADDRESS 191 N. First Street cm ANDzsp CODE San Jose, CA 951 l3 BRANCH NAME: PLAINTIFF: Adib Besharati, Rafat Orougi DEFENDANT: Na Quin, an individual, Qun Jing, an individual Does 1 To 25 COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply): MOTOR VEHICLE D OTHER (specify): Property Damage E: Wrongful Death Personal Injury l__' Other Damages (specify): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $10,000 exceeds $1 0,000, but does not exceed $25,000E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)D ACTION IS RECLASSIFIED by this amended complaintD from limited to unlimitedE from unlimited to limited 1‘ Plaintiff (name 0r names}: Adib Besharati, Rafat Orougi alleges causes of action against defendant (name or names): Na Quin, an individual, Qun Jing, an individual 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. D except plaintiff (name): (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)D a public entity (describe): (4)E a minor D an adult (a) D 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. E except plaintiff (name): (1)E 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) 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): CASE NUMBER: D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page ‘ M 3 F A ed! Ot' IU _ ' Cod ICi'IP cedu. 425.12fla‘fllnwficfl'fiia‘e COMPLAINT Personal Injury, Property °° V'ww'fioom'finricagw PLDPI-om (Rev. January 1, 20071 Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: BESHARAT] v. QUIN, et aL, 4. E 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. E except defendant (name): c. E except defendant (name): (1)E a business organization. form unknown (1)D a business organization, form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)D a public entity (descfibe): (4)E a public entity (describe).- (5)E other (specify): (5)E other (specify): b. D except defendant (name): d. E except defendant (name): (1)E a business organization, form unknown (1)D a business organization, form unknown (2)D a corporation (2)D a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)D a public entity (descn‘be): (4)D a public entity (describe): (5)E other (specify): (5)D other (specify): 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. Doe defendants (specify Doe numbers): 1' 1 0 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): 1 1-25 are persons whose capacities are unknown to plaintiff. 7. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper coun because a. at least one defendant now resides in its jurisdictional area. b. E the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. injury to person or damage to personal property occurred in its jurisdictional area. d. E other (specify): 9. D Plaintiff is required to comply with a claims statute. and a. E has complied with applicable claims statutes. or b. E is excused from complying because (specify): PLN’IW [Rev‘ January 1. 20°71 COMPLAINT-Personal Injury, Property Page 2 o1 a Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: BESHARAT] v. QUIN, 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): a. Motor Vehicle b. General Negligence c. E Intentional Tort d. E Products Liability e. D Premises Liability f. E Other (specify): 11. Plaintiff has suffered a. D wage loss . loss of use ofproperty c. hospitaland medicalexpenses d. generaldamage e. property damage f. 9 U' E loss of earning capacity . E other damage (specify): 12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. E listed in Attachment 12. b. D as follows: 13. The relief sought in this compIaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just. and equitable; and for a. (1) compensatory damages (2)E punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) accordingto proof (2)D in the amountof: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): ALL PARAGRAPHS HEREIN Date: November l7, 2020 Ali R. Moghaddami, Esq. ’ (TYPE 0R PRINT NAME) ' (SIGNATURE 0FPLAIM PLD~Pwo1 [Rev- January 1.20071 COMPLAINT-Personal Injury, Property P'9e30'3 Damage, Wrongful Death PLD-Pl-001 (1) SHORT TITLE: CASE NUMBER. BESHARATI v. QUIN, et al., FIRST CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT TO Complaint E Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Adib Besharati, Rafat Orougi 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): 2/08/2020 at (place): San Tomas Expressway at or near Lawson Lane, Santa Clara, CA MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Na Quin Does l to 25 b. E The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): E Does to c. The defendants who owned the motor vehicle which was operated with their permission are (names): Qun Jing D Does to d‘ The defendants who entrusted the motor vehicle are (names): Qun Jing 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): D Does to 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:r0. Qun Jing E Does to Page 4 Page 1 of 1 Form Appro edforO lional Use __ ‘ ’ ' . Mom. cgunci, e.gamomia CAUSE OF ACTION Motor Vehicle Code of cmgosgfi'rfuggl‘z’ PLD-Pl-001(1 ) [Rev January 1, 2007] PLD-Pl-001 (2) SHORT TITLE: CASE NUMBER: BESHARATI v. QUIN, et 31., SECOND CAUSE OF ACTION-General Negligence Page (number) ATTACHMENTTO Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Adib Besharati, Rafat Orougi alleges that defendant (name): Na Quin E Does l to 25 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): 2/08/20 at (place): San Tomas Expressway at or near Lawson Lane, Santa Clara, CA (description of reasons for liability): DEFENDANT SO NEGLIGENTLY OWNED, MAINTAINED, OPERARED HER VEHICLE AS TO CAUSE IT TO COLLIDE WITH THE VEHICLE IN WHICH THE PLAINTIFF WAS THE DRIVER WITH HIS MOTHER AS PASSENGER. SAID COLLISION APPORXIMATELY AND CASUALLY CAUSED PLAINTIFFS TO SUFFER DODILY INJURY AND HARM. EMOTIONAL AND METAL ANGUISH AND TRAUMA AND STRESS. Page 1 0'1 Form App o edf Optional Use o Code of Civil Procedure 425.12 Judicim'cgunci‘l’gfcmma CAUSE 0F ACTION-General Negligence m_wmnbcagw PLD-Pl-OO1(2) (Rev. January 1. 2007]