Civil Complaint filed

Cal. Super. - 5th Dist.May 11, 2021

PLD-PI-001 FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: DOES 1 TO operty Damage, Wrongful Death AMENDED (Number): Type (check all that apply): OTHER (specify):MOTOR VEHICLE Wrongful Death Other Damages (specify): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE CASE NUMBER: Amount demanded 1. Plaintiff (name or names): alleges causes of action against defendant (name or names): 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. except plaintiff (name): (1) (2) (3) (4) an adulta minor (a) (b) (5) other (specify): b. except plaintiff (name): (1) (2) (3) (4) an adulta minor (a) (b) (5) other (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Damage, Wrongful Death Form Approved for Optional Use Judicial Council of California PLD-PI-001 [Rev. January 1, 2007] Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov Property Damage Personal Injury does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited a corporation qualified to do business in California an unincorporated entity (describe): a public entity (describe): for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other (specify): a corporation qualified to do business in California an unincorporated entity (describe): a public entity (describe): for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other (specify): SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO 1130 "O" STREETT FRESNO, CALIFORNIA 93721-2220 CENTRAL ISABEL VARGAS VALLARTA FOOD ENTERPRISES, INC., VALLARTA SUPERMARKETS, and Inclusive Premises Liab./Gen. Neg. ISABEL VARGAS Vallarta Food Enterprises, Inc., Vallarta Supermarkets, and Does 1 to 10, Inclusive 5 E-FILED 5/11/2021 4:43 PM Superior Court of California County of Fresno By: C. York, Deputy 21CECG01345 CASE NUMBER:SHORT TITLE: Plaintiff (name):4. 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. except defendant (name): except defendant (name):c. a business organization, form unknown(1) a business organization, form unknown (1) a corporationa corporation(2) (2) an unincorporated entity (describe):(3) (3)an unincorporated entity (describe): a public entity (describe):a public entity (describe):(4) (4) other (specify):(5) (5)other (specify): b. except defendant (name): except defendant (name):d. (1) (1)a business organization, form unknown a business organization, form unknown a corporation(2) (2) a corporation (3) (3)an unincorporated entity (describe): an unincorporated entity (describe): a public entity (describe): a public entity (describe):(4) (4) other (specify):(5) (5)other (specify): Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff.6. Defendants who are joined under Code of Civil Procedure section 382 are (names):7. 8. This court is the proper court because a. b. c. d. 9. Plaintiff is required to comply with a claims statute, and a. b. Injury, Property Damage, Wrongful Death PLD-PI-001 [Rev. January 1, 2007] Page 2 of 3 at least one defendant now resides in its jurisdictional area. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred in its jurisdictional area. other (specify): has complied with applicable claims statutes, or is excused from complying because (specify): a. b. Doe defendants (specify Doe numbers): _________________________ were the agents or employees of other named defendants and acted within the scope of that agency or employment. Doe defendants (specify Doe numbers):_________________________ are persons whose capacities are unknown to plaintiff. PLD-PI-001 VARGAS vs. VALLARTA FOOD ENTERPRISES, INC., et al. * 1-10 1-10 SHORT TITLE: CASE NUMBER: 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 Vehiclea. b. General Negligence Intentional Tortc. Products Liabilityd. Premises Liabilitye. Other (specify):f. Plaintiff has suffered a. wage loss b. loss of use of property hospital and medical expensesc. general damaged. property damagee. f. loss of earning capacity other damage (specify):g. 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. b. The relief sought in this complaint is within the jurisdiction of this court. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (2) The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) (2) 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) Injury, Property Damage, Wrongful Death PLD-PI-001 [Rev. January 1, 2007] Page 3 of 3 listed in Attachment 12. as follows: (1) compensatory damages punitive damages according to proof in the amount of: $ 14. 13. 11. 10. PLD-PI-001 VARGAS vs. VALLARTA FOOD ENTERPRISES, INC., et al. MAY 11, 2021 DANIEL SETAREH, ESQ. SHORT TITLE: CASE NUMBER: CAUSE OF ACTION-Premises Liability Page (number) Cross - ComplaintATTACHMENT TO Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): Prem.L-2. toDoes Count Two-Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): Prem.L-3. Does to an invited guest a paying guest.Plaintiff, a recreational user, was Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): Prem.L-4. Does to actual constructive notice of the existence of theThe defendant public entity hada. dangerous condition in sufficient time prior to the injury to have corrected it. The condition was created by employees of the defendant public entity.b. Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Prem.L-5. Does to The defendants who are liable to plaintiffs for other reasons and the reasons for their liability areb. described in attachment Prem.L-5.b as follows (names): CAUSE OF ACTION-Premises Liability Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov Form Approved for Optional Use Judicial Council of California PLD-PI-001(4) [Rev. January 1, 2007] a. PLD-PI-001(4) Page 1 of 1 VARGAS vs. VALLARTA FOOD ENTERPRISES, INC., et al. First 4 ISABEL VARGAS 1 10, Inclusive 1 10 SHORT TITLE: CASE NUMBER: CAUSE OF ACTION-General Negligence (number) Cross - ComplaintATTACHMENT TO Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): alleges that defendant (name): Does to was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff (description of reasons for liability): CAUSE OF ACTION-General Negligence Code of Civil Procedure 425.12www.courtinfo.ca.gov on (date): at (place): Form Approved for Optional Use Judicial Council of California PLD-PI-001(2) [Rev. January 1, 2007] PLD-PI-001(2) Page 1 of 1 Page VARGAS vs. VALLARTA FOOD ENTERPRISES, INC., et al. Second 5 ISABEL VARGAS Vallarta Food Enterprises, Inc., Vallarta Supermarkets and 1 10, Inclusive JUNE 23, 2019 Vallarta Supermarket, Fresno, California