Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 15, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address) Bruce L. Ahnfeldt, Esq. SBN 87747/Frederick H. Brennan, Esq. SBN 178194 LAW OFFICE OF BRUCE L. AHNFELDT P.O. Box 6078 Napa, CA 94581 TELEPHONE NO: 7p7-224-6547 FAX NO. (Optional): E-MAII ADDRESS (OPtional): ATTQRNEY FQR (Name): Plaintiff HAGEN SUPERIQR coURT QF GALIFQRNIA, coUNTY QF SANTA CLARA sTREETADDREss: 191 North First Street MAILING ADIJREss: 191 North First Street cITYANDzIPcoDE: San Jose, CA 951 13 BRANOH NAME: Downtown Superior Court PLAINTIFF: GARY WAYNE HAGEN DEFENDANT; JACQUELINE AGUIRRE, and PLD-PI-001 FOR COURT VSE ONLY DoES1 To 25 COMPLAINT-Personal Injury, Property Damage, Wrongful Death~ AMENDED (Number): Type (check all that apply): MOTOR VEHICLE ~ OTHER (specify):~ Property Damage ~ Wrongful Death 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 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint~ from limited to unlimited~ from unlimited to limited CASE NUMBER: 1. Plaintiff (name or names): GARY WAYNE HAGEN alleges causes of action against defendant (name or names): JACQUELINE AGUIRRE and DOES 1 - 25 2. This pleading, including attachments and exhibits, consists of the following number of pages: FOUR (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): Form Approved for Optional Use Judicial Council of California Pl D-Pl-001 [Rev. January 1, 2007) COMPLAINT-Personal Injury, Property Damage, Wrongful Death ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Code of Civil Procedure, II 425.12 www. courtinlo.ca.go v Electronically filed by Superior Court of CA, County of Santa Clara, on 3/15/2021 9:52 AM Reviewed By:V. Taylor Case #21CV378962 Env #6031656 21CV378962 PL D-PI-001 SHORT TITLE: HAGEN v. AGUIRRE, et. al. CASE NUMBER: 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. ~K Doe defendants (specify Doe numbers): l - 25 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. ~v'oe defendants (specify Doe numbers): l - 25* are persons whose capacities are unknown to plaintiff. 7. ~ Defendants who are joined under Code of Civil Procedure section 382 are (names): * Each DOE Defendant is liable to Plaintiff as a consequence of a tortious act or omission, or subject to principles of vicarious liability or as otherwise established by California Law. 8. This court is the proper court because a. ~ 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. ~Z injury to person or damage to personal property occurred in its jurisdictional area. d. ~ other (specify): 9. ~ Plaintiff is required to comply with a claims statute, and a. ~ has complied with applicable claims statutes, or b. ~ is excused from complying because (specify): PLD-PP001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 2 of 3 SHORT TITLE: HAGEN v. AGUIRRE, 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. ~v'otor Vehicle b. ~ General Negligence c. ~ Intentional Tort d. ~ Products Liability e. ~ Premises Liability f. ~ Other (specify): 11. Plaintiff has suffered a. ~K wage loss b. ~v'oss of use of property c. ~v'ospital and medical expenses d. ~v'eneral damage e. ~ property damage f. ~X loss of earning capacity g. ~ other damage (specify): 12. ~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. ~ listed in Attachment 12. 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) ~K compensatory damages (2) ~ punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) ~l according to proof (2) ~ in the amount of: $ 15. ~ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: March jg, 2021 Frederick H. Brennan, Esq. (TYPE OR PRINT NAME) PLD-Pl-001 [Rev. January 1, 2007] (SIGNATURE OF PLAINTIFF OR ATTORNEY) COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page3of3 SHORT TITLE: HAGEN v. AGUIRRE, et al. CASE NUMBER: PLD-PI-001(1) CAUSE OF ACTION-Motor VehicleFIRST (number) ATTACHMENT TO C~7 Complaint ~ Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): GARY WAYNE HAGEN MV- 1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximatel cause of injuries and damages to plaintiff; the acts occurred on (date): March 19, 2019 at (place): At or near 555 Meridian Ave., in San Jose, Santa Clara County, California. On said date, and at said place, a car driven by Jacqueline Aguirre (or DOE 1, if the driver of the Defendant vehicle is misidentified in the police report) negligently collided with a car being driven by Plaintiff Gary Wayne Hagen. MV- 2. DEFENDANTS a. ~v'he defendants who operated a motor vehicle are (names): Jacqueline Aguirre or Does 1 to b. ~v'he defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): 2~7 Does 1 to 25 c. ~~ The defendants who owned the motor vehicle which was operated with their permission are (names): Jacqueline Aguirre and Does 1 to 25 d. ~E The defendants who entrusted the motor vehicle are (names): K Does 2 to 25 e. ~~ The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Jacqueline Aguirre and Does 1 to 25 f. ~K The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f ~v's follows: DOES 2-25 negligently entrusted the Defendant vehicle to Defendant Jacqueline Aguirre or DOE 1 if, in fact, DOE 1 was the driver. ~ Does to Page 4 Form Approved for Optional Use Judicial Council of California PLD-Pl-001(1) [Rev. January 1, 2007] CAUSE OF ACTION-Motor Vehicle Page 1 of 1 Code of Civil Procedure 425. 1 2 www. courfinro.ca.gov