Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 11, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Gregory C. Cattennole, Esq. SBN: 99465 Devin R. Bissman,Esq. SBN: 304327/LawOffice of Gregory C. Cattermole 477 Ninth Avenue, Suite 101 San Mateo, CA 94402-1854 TELEPHONE NO:(650) 345-681 1 FAX NO. (Optional) (650) 345-6812 EMAiL ADDRESS (Opt)onat) greg@Ca ttenn Olela W COm ATTORNEY FOR (Name):PlaintiffS, YOung Sik KOng, Minna Kim sUPERIQR coURT QF cALIFoRNIA, coUNTY oFSANTA CLARA sTREETADDREss-191 North First Street MAILINGADDREss:191 North First Street cITY AND zip coDE San Jose, 951 13 BRANOH NAME:Downtown Superior Court PLAINTIFF: YOUNG SIK KONG; MINNA KIM PLD-PI-001 FOR COURT USE ONLY DEFENDANT: YOON HEE KIM ~X DOES 1 TO 25 COMPLAINT-Personal Injury„Property Damage, Wrongful Death~ AMENDED (Number): Type (check all that apply): ~X MOTOR VEHICLE ~ OTHER (specify): ~X Property Damage ~ Wrongful Death ~X Personal Injury ~ Other Damages (specify): Jurisdiction (check all that apply):~ ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $ 10,000~ exceeds $10,000, but does not exceed $25,000 ~x ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint~ from limited to unlimited~ from unlimited to limited 1. Plaintiff (name or names): Young Sik Kong; Minna Kliu alleges causes of action against defendant (name or names): Yoon Hee Kim CASE NUMBER: 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. ~ except plaintiff (name): (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) ~ a public entity (describe): (4) ~ a minor ~ an adult (a) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) ~ other (specify): (5) ~ other (specify): b. ~ except plaintiff (name): (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) ~ a public entity (describe): (4) ~ a minor ~ an adult (a) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) ~ other (specify): (5) ~ other (specify): ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use Judicial Council of California PLD-PI4)01 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Damage, Wrongful Death Code of Civil Procedure, II 425.12 www.courtrnfo ca.gov Westlaw Doc & Form Builder E-FILED 3/11/2021 10:18 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV378947 Reviewed By: V. Taylor 21CV378947 SHORT TITLE: KONG, ET AL. V. KIM, ET AL. CASE NUMBER: PLD-P I-001 4. ~ 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. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): c. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): b. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): d. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): ~ 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. ~x Doe defendants (specify Doe numbers): 1-25 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. ~X Doe defendants (specify Doe numbers): 1-25 are persons whose capacities are unknown to plaintiff. 7. ~ Defendants who are joined under Code of Civil Procedure section 362 are (names): 8. This court is the proper court because a. ~X at least one defendant now resides in its jurisdictional area. b. ~ 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. ~ other (specify): 9. ~ Plaintiff is required to coinply with a claims statute, and a. ~ has complied with applicable claims statutes, or b. ~ is excused from complying because (specify): PLD-Pl-001 [Rev. January 1, 2007I COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 2 of 3 SHORT TITLE: KONG, ET AL. V. KIM, ET AL. CASE NUMBER: PLD-PI-001 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. ~x Motor Vehicle b. ~ General Negligence c. ~ Intentional Tort d. ~ Products Liability e. ~ Premises Liability f. ~ Other (specify): 11. Plaintiff has suffered a. ~X wage loss b. ~x loss of use of property c. ~x hospital and medical expenses d. ~x general damage e. ~x property damage f. ~x loss of earning capacity g. ~x other damage (specify): Any and all economic and non-economic damages as permitted by law. 12. ~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. ~ listed in Attachment12. b. ~ asfollows: 13. The relief sought in this complaint 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) ~x compensatory damages (2) ~ punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) ~x according to proof (2) ~ in the amount of: $ 15. ~x The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): All paragraphs set forth herein. Date:March 11, 2021 Devin R. Bissman Es (TYPE OR PRINT NAME) Q(SIGNATU OF PLAINTIFF OR ATTORNEY) PLD-Pl-001 (Rev. January 1, 2002) COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 3 of 3 SHORT TITLE: KONG, ET AL. V. KIM, ET AL. CASE NUMBER: PLD-P1-001(1) CAUSE OF ACTION-Motor VehicleFIRST lnumber) ATTACHMENT TO ~X Complaint ~ Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name):YOUNG SIKKONG; MINNA KIM 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): March 13, 2019 at (place):Monte Road onramp to US 101 N/B, Unincorporated area of San Luis Obispo, California MV- 2. DEFENDANTS a. ~X The defendants who operated a motor vehicle are (names): YOON HEE KIM Does I to 25 b. ~X The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): YOON HEE KIM Does 1 to 25 c. ~X The defendants who owned the motor vehicle which was operated with their permission are (names): YOON HEE KIM CX] Does 1 to 25 d. ~X The defendants who entrusted the motor vehicle are (names): YOON HEE KIM E2 Does 1 to 25 e. ~X The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): YOON HEE KIM ~X Does 1 to 25 f. ~ The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f ~ as follows: ~ Does to Page Form Approved for Optional Uee Judicial Council of California PLD-PI4)01(1) [Rev. January 1, 2007) CAUSE OF ACTION-Motor Vehicle Page 1 of 1 Code of Civil Procedure 425.12 www.courtinto.ca gov Weetlew Doc tk Form Builder