Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.November 23, 2020PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY -- Jeff Brandon Atterbury (SBN 229462) E_F|LED Habbas, Nasseri & Associates 1 1/23/2020 12:07 PM 675 North First Street, SUIte 1000 Clerk Of Court San Jose, CA 951 1 2 . TELEPHONE No; (408) 273-0480 FAX Me.mpfionao; (669) 223-0406 SUPer'Or CCU” 0f CA, E-MAIL ADDRESS (Optional): |itigation@habbaslaw.com, jatterbury@habbaslaw.com county Of santa Clara ATTORNEY FOR (Name); Plaintiffs, DANIEL & CONNOR WHITSON ZOCV373923 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Reviewed By: R. Tien STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME: PLAINTIFF: DANIEL WHITSON AND CONNOR WHITSON, A MINOR, BY HIS GUARDIAN AD LITEM ANDREA WHITSON DEFENDANT: LETICIA MORENO, and E DOES 1 To 20 COMPLAINT-Personal Injury, Property Damage, Wrongful DeathD AMENDED (Number): Type (check all that apply):m MOTOR VEHICLE D OTHER (specify):a Property Damage D Wrongful DeathE Personal Injury D Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER:D ACTION IS A LIMITED CIVIL CASE Amount demanded D does not exceed $10,000D exceeds $10,000, but does not exceed $25,000 200v373923m ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)D ACTION IS RECLASSIFIED by this amended complaintD from limited to unlimitedD from unlimited to limited 1. Plaintiff (name or names): DANIEL WHITSON AND CONNOR WHITSON, A MINOR, BY HIS GUARDIAN AD LITEM ANDREA WHITSON alleges causes of action againstdefendant (name or names): LETICIA MORENO, and DOES 1 to 20 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. Each plaintiff named above is a competent adult a. m except plaintiff (name): 'CONNOR WHITSON (1)D a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)D 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 Iitem has been appointed (b)a other (specify): or for whom a guardian ad litem will be appointed (5)D other (specify): b. D except plaintiff (name): (1)D a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)D a public entity (describe): (4)D 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)D other (specify): (5)D other (specify): D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 imcé‘afieészizi{°gf%:‘.2?:,:'is’se C53 Essential COMPLA'NT-Persma' '"iu'y’ Pmpertv 0°“ °‘ 435303 PLD-Pl~001 [Rev..January1, 2007] cab‘om gapormy Damage, Wrongfu| Death Whitson v Moreno et al' J PLD-PI-001 SHORT TITLE: WHITSON v. MORENO, et al. CASE NUMBER: 4. D 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. D except defendant (name): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a pubiic entity (describe): (5) D other (specify): b. D except defendantmame): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe): (5) D other (specify): c. D except defendant(name): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe).- (5) D other (specify): d. D except defendant (name): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe).- (5) D other (specify): D 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. E Doe defendants (specify Doe numbers): 1-20 plaintiff. are persons whose capacities are unknown to 7. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. D at least one_defendant now resides in itsjurisdictional area. 900' D other (specify): 9. D Plaintiff is required to comply with a claims statute, and a.D has complied with applicable claims statutes, or b.D is excused from complying because (specify): . D the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. . E injury to person or damage to personal property occurred in its jurisdictional area. PLD-Pl-001 [Rev. January 1. 2007] " ° ' Essential Egg?“ ‘ gFormw COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 2 of 3 Whitson v. Moreno, et al PLD-PI-001 SHORT TITLE: CASE NUMBER: WHITSON v. MORENO, 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):E Motor VehicleD General NegligenceD Intentional TortD Products LiabilityD Premises LiabilityD Other (specify) : $999.65» 11. Plaintiff has sufferedE wage lossE loss of use of propertyE hospital and medical expensesE general damagea property damageE loss of earning capacityE other damage (specify) : Prejudgment interest and other damages according to law and proof at trial. eorhsvgop‘w Thedamages claimed for wrongful death and the relationships of plaintiff to the deceased areD listed m Attachment 12.D as follows: 12. a a b 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)E compensatory damages (2)D punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1)m according to proof (2)D in the amount of: $ 15. D The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: November23,2020 (TYPE 0R PRINT NAME) WNATURE OI’WTVF 0R ANNEY) PLD-PI-001 [Rev.January1.20071 ' COMPLAINT-Personal Injury, Property V Pa983°f3 gig Efignmhgl Damage’ wrongfu' Death Whitson v. Moreno, et al PLD-PI-oo1(1) SHORT TITLE: CASE NUMBER: WHITSON v. MORENO, et al. (numbejrfRST CAUSE OF ACTION- Motor Vehicle ATTACHMENT TOE Complaint D Cross-Complaint (Use a separate cause of acfion form for each cause of action.) Plaintiff (name): DANIEL WHITSON AND CONNOR WHITSON, A MINOR, BY HIS GUARDIAN AD LITEM ANDREA WHITSON 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): December 5, 2018 at (place): Cherry Avenue at Bryan Avenue, San Jose, Santa Clara County, California ' Defendants LETICIA MORENO, and DOES1 to 20, inclusive, negligently owned, maintained, entrusted, operated, and otherwise negligently acted and failed to act, all with respect to a certain motor vehicle, so as to cause said vehicle to collide with another vehicle, thereby directly and proximately causing the plaintiff to suffer, and to continue to suffer, bodily injuries and legal damages as will be shown according to proof at trial. MV-Z. DEFENDANTS a.E The defendants who operated a motor vehicle are (names): LETICIA MORENO, and a Does 1 .. . to 20 b.E The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): LETICIA MORENO, and E Does L__ to 2L.____ c. E The defendants who owned the motor vehicle which was operated with their permission are (names): LETICIA MORENO, and E Does 1__.. to 2L,“ d.E The defendants who entrusted the motor vehicle are (names): LETICIA MORENO, and E Does 1 _ _. to 20 ._ e.a The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): LETICIA MORENO, and a Does 1 ______ to 20 _ f. D The defendants who are liable to plaintiffs for other reasons and the reasons for the liability areD listed in Attachment MV-2f D as follows: D Does _ to- Page A- Page 1 of 1 Ei’ékfififié‘étfi‘éf‘gf%Z‘f}?c§‘r%'.-é’se CAUSE 0F ACTION - Motor Vehicle 0°“ °‘C‘V5'VEJSSSSftfirEé‘5323 PLD-Pl-001(1) [Rev. January 1. 2007] CEB’: Essential Whitson v. Moreno, et al ceb.com 3 é] Fmorms‘