Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 16, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAVID P. MASTAGNI (SBN 57721) DANIEL L. OSIER (SBN 265807) MASTAGNI HOLSTEDT, APC 1912 I Street, Sacramento, California 95811 Telephone: (916) 446-4692 Facsimile: (916) 447-4614 E-mail: dosier(a~lnasta~ni.coul Attorneys for Plaintiffs, Mayra Quiroz and Ivan Navarro SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MAYRA QUIROZ and IVAN NAVARRO, Plaintiffs, ~•~ POOJA SRIVASTAVA RAMESHKUMAR aka POOJA SRIVASTAVA; ASEEM SRIVASTAVA; and DOES 1 through 100, inclusive, Defendants. Case No. COMPLAINT FOR PERSONAL INJURIES AND DAMAGES [Motor Vehicle Collision-Unlimited Civil Case: Exceeds $25,000.00] DEMAND FOR JURY TRIAL Plaintiffs MAYRA QUIROZ and NAN NAVARRO allege and complain against Defendants POOJA SRIVASTAVA RAMESHKLTMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, as follows: PARTIES 1. Plaintiffs MAYRA QUIROZ and IVAN NAVARRO are and were at all times relevant hereto, residents in the County of Santa Clara, State of California. 2. Defemdamts POOJA SRIVASTAVA R:A1V[ESHKUMAR aka POOJA SRIVASTAVA and ASEEM SRIVASTAVA are and were at all times relevant hereto, residents in the City of Milpitas, County of Santa. Clara, State of California. 3. The true names and capacities, whether individual, corporate, associate or 1 COMPLAINT FOR PERSONAL INJURIES AND DAMAGES E-FILED 3/16/2021 9:18 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV378973 Reviewed By: V. Taylor 21CV378973 1 2 3 4 5 6 7 8 9 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 otherwise, of the Defendants DOE 1 through DOE 100, inclusive, are unknown to Plaintiffs, who therefore sues such defendants by such fictitious names, and Plaintiffs will amend this complaint to show the true names and capacities of Defendants DOE 1 through DOE 100 when their names have been ascertained. 4. Plaintiffs are informed and believe, and thereon allege, that each of the Defendants designated herein as a DOE is responsible under law in some manner and is liable herein by reason of negligence, wanton and reckless misconduct, breach of warranty, strict liability, and in some other manner, and by such wrongful conduct that was a substantial factor in causing the events and happenings herein referred to, which caused the injuries and damages to Plaintiffs as herein alleged. 5. Plaintiffs are informed and believe, and thereon allege, that at all times relevant herein, each Defendant, whether designated by name or as a DOE, was the agent, servant and employee of every other Defendant, who was a principal, master, and employer of each other Defendant, and every Defendant was acting within the course and scope of said agency, authority and employment. Furthermore, each of the defendants was a partner and was engaged in a joint venture with every other Defendant, and each defendant was acting within the course, scope, and in furtherance of said partnership and joint venture; and each Defendant who was a principal, master, or employer authorized, ratified, directed, and approved. the acts, omissions, and conduct of each other Defendant. 6. Whenever in this complaint reference is made to any act or omission of any Defendant and/or their employees and/or agents, or of any of them, such allegation shall be deemed to mean the act or omission of each such Defendant and/or employee and/or agent, acting individually, jointly, in concert, and severally, and in furtherance of joint activity while actively engaged in the management, direction, control and employ of the affairs of Defendants, and each of them, and within the course and scope of their employment, authority, and agency. 7. Whenever in this complaint reference is made to any act or omission of Defendants, and each of them, such allegation shall be deemed to mean the act or omission of each defendant, acting individually, jointly, in concert, and severally, and in furtherance of their 2 COMPLAINT FOR PERSONAL INJURIES AND DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ joint activity. JURISDICTION AND VENUE 8. This matter is properly before this court pursuant to California Code of Civil Procedure ("CCP") §395(a), because the jurisdiction of this Court is the County where the cause of action. arose and as the County in which the Defendants, or some of them, reside. 9. The amount of controversy exceeds the minimum jurisdictional amount of the unlimited jurisdiction of the Superior Court of the State of California. FIRST CAUSE OF ACTION General Negligence; Negligence Per Se (Plaintiff Mayra Quiroz Against All Defendants) 10. The allegations of each paragraph pled above are hereby realleged and incorporated by reference herein. 11. Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned, Defendants POOJA SRIVASTAVA RAMESHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, were the owners of a motor vehicle referred to in this complaint and were the employers of the driver and operator of said vehicle, which vehicle was driven and operated within the course and scope of said agency and employment and entrusted to Defendants POOJA SRIVASTAVA RAMESHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, with the knowledge, consent and permission of Defendants POOJA SRIVASTAVA RAMESHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES and DOES 1 through 100, inclusive, and each of them. 12. Plaintiff is informed and believes and thereon further alleges that, at all times herein mentioned, Defendants POOJA SRIVASTAVA ~SHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES and DOES 1 through 100, and each of them supervised, maintained, repaired, manufactured, produced, authorized, managed, approved, entrusted, loaned, rented, and bailed each of the motor vehicles referred to in this complaint and each of said motor vehicles' component parts and equipment, to every other defendant. 13. That on or about April 18, 2019, at or about the hour of 7:20 a.m., Plaintiff 3 COMPLAINT FOR PERSONAL INJURIES AND DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAYRA QUIROZ was located in a motor vehicle operating along and upon Interstate 880, at or near the intersection with Brokaw Road, in the City of San Jose, County of Santa Clara, State of (~ California. Said motor vehicle was traveling in a southbound direction. 14. That on or about April 18, 2019, at or about the hour of 7:20 a.m., Defendant POOJA SRIVASTAVA RAMESHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, were operating a motor vehicle along and upon Interstate 880, at or near the intersection with Brokaw Road, in the City of San Jose, County of Santa Clara, State of California. Said motor vehicle was traveling in a southbound direction. 15. Prior to and at said time and place, the defendants, and each of theirs, whether named or designated as a DOE, so negligently and wantonly owned, hired, employed, entrusted, loaned, rented, bailed, instructed, repaired, approved, managed, manufactured, designed, produced, authorized, maintained, supervised, permitted, consented to, drove, and operated a moving motor vehicle, and its component parts and equipment, along and upon Interstate 880, at or near the intersection with Brokaw Road, in the City of San Jose, County of Santa Clara, State of California, so as to be a substantial factor in causing said motor vehicle to collide with the motor vehicle in which Plaintiff MAYRA QUIROZ was located. 16. That on or about April 18, 2019, at or about the hour of 7:20 a.m., the acts and omissions of Defendants POOJA SRIVASTAVA RAIV~SHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, were in violation of the Vehicle Code and other driving rules and regulations of California, including but not limited to California Vehicle Code Section 22350. At all times relevant, Plaintiffs were members of the class of persons said statutes, rules and/or regulations were designed to protect. 17. As a substantial result of the negligence of defendants, and each of them, whether named or designated as a DOE, Plaintiff MAYRA QUIROZ was hurt and injured in his health, strength and activity, sustaining injury to her body and shock and injury to his nervous system and person, all of which said injuries have caused and continue to cause Plaintiff great mental, physical, and nervous pain and suffering. Plaintiff is informed and believes, and thereon alleges, that said injuries will result in some permanent disability to the Plaintiff all to her general damage 4 COMPLAINT FOR PERSONAL INNRIES AND DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in an amount in excess of the minimum jurisdictional amount of the unlimited jurisdiction of the Superior Court of the State of California, and that she is entitled to prejudgment interest on that amount when determined, in accordance with law. 18. That as a further substantial result of the said negligence of the Defendants, and of each of them, Plaintiff MAYRA QUIROZ was required to and did employ physicians and surgeons to examine, treat and care for her and did incur medical and incidental expenses. The exact amount of such expense is unknown to Plaintiff at this time, and Plaintiff will ask leave to amend her complaint to set forth the exact amount thereof when the same is ascertained by her, and any and all prejudgment interest in accordance with law. 19. That as a further substantial result of the said negligence of the Defendants, and of each of them, Plaintiff MAYRA QUIROZ will be required in the future to employ physicians and surgeons to examine, treat and care for her and will incur medical and incidental expenses. The exact amount of such expense is unknown to Plaintiff at this time, and Plaintiff will ask leave to amend her pleading to set forth the exact amount thereof when the same is ascertained by her, and any and all prejudgment interest in accordance with law. 20. That as a further substantial result of the said negligence and other wrongful conduct herein alleged of the Defendants, and of each of them, Plaintiff MAYRA QUIROZ was prevented from attending to her usual occupation, and Plaintiff is informed and believes, and thereon alleges, that she will thereby be prevented from attending to her usual occupation for a period of time in the future, all to said Plaintiffs further damage in an amount unknown at this time, and Plaintiff will ask leave to amend her complaint to show the exact amount when determined, and any and all prejudgment interest in accordance with law. 2l. As a direct and substantial result of the said negligence of the Defendants, and each of them, the personal property of Plaintiff MAYRA QUIROZ was damaged, thereby substantially causing Plaintiff to incur repair costs, replacement costs, and other property damage. The exact amount of such loss, damage, and expense is unknown to Plaintiff at this tune, and Plaintiff will. ask leave to amend her pleading to set forth the exact amount thereof when the same is ascertained. 5 COMPLAINT FOR PERSONAL INJURIES AND DAMAGES 1 2 3 4 5 ' 6 7 g l 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff MAYRA QUIROZ prays for judgment against the Defendants POOJA SRIVASTAVA RAMESHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, for: a. General damages in excess of the minimum jurisdictional amount of the unlimited jurisdiction of the Superior Court; b. All medical and incidental expenses according to proof; c. All future medical and incidental expenses according to proof; d. All loss of earnings and future loss of earnings according to proof; e. All prejudgment interest in accordance with law; f. All costs of suit; and g. Such other and further relief as this Court may deem just and proper. Plaintiff IVAN NAVARRO complains of Defendants POOJA SRIVASTAVA Rt~MESHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, for a Second Cause of Action, alleges as follows: SECOND CAUSE OF ACTION Loss of Consortium (Plaintiff Ivan Navarro Against All Defendants) 22. The allegations of each paragraph pled above are hereby realleged and incorporated by reference herein. 23. That at all times herein mentioned Plaintiffs IVAN NAVARRO and MAYRA QUIROZ were, and now are, husband and wife. 24. That on or about April 18, 2019, at or about the hour of 7:20 a.m., Plaintiff MAYRA QUIROZ was located in a motor vehicle operating along and upon Interstate 880, at or near the intersection with Brokaw Road, in the City of San Jose, County of Santa Clara, State of California. Said motor vehicle was traveling in a southbound direction. 25. That on or about April 18, 2019, at or about the hour of 7:20 a.m., Defendants POOJA SRIVASTAVA RAMESHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, were operating a motor vehicle along and 6 COMPLAINT FOR PERSONAL INNRIES AND DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 upon Interstate 880, at or near the intersection with Brokaw Road, in the City of San Jose, County of Santa Clara, State of California. Said motor vehicle was traveling in a southbound direction. 26. Prior to and at said time and place, the defendants, and each of them, whether named or designated as a DOE, so negligently and wantonly owned, hired, employed, entrusted, loaned, rented, bailed, instructed, repaired, approved, managed, manufactured, designed, produced, authorized, maintained, supervised, permitted, consented to, drove, and operated a moving motor vehicle, and its component parts and equipment, along and upon Interstate 880, at or near the intersection with Brokaw Road, in the City of San Jose, County of Santa Clara, State of California, so as to be a substantial factor in causing said motor vehicle to collide with the motor vehicle in which Plaintiff MAYRA QUIROZ was located, so as to thereby cause bodily injuries to Plaintiff MAYRA QUIROZ, and so as to thereby substantially cause the hereinafter described injuries and damages to Plaintiff IVAN NAVARRO. 27. As a substantial result of said negligence of Defendants, and each of them, and of Plaintiff 1VIAYRA QUIROZ's resulting injuries, Plaintiff IVAN NAVARRO has been deprived of the services of his wife by reason of her inability to carry on her usual duties and loss of consortium. Plaintiff IVAN NAVARRO is informed and believes, and on such information and belief, alleges that said injuries to his spouse are of a permanent nature, and that he will be deprived of her said love, companionship, comfort, care, services, assistance, protection, affection, society, and moral support for a long period in the future, all to his further damage in excess of the minimum jurisdictional amount of the unlimited jurisdiction of the Superior Court of the State of California, and that Plaintiff IVAN NAVARRO is entitled to prejudgment interest on that amount in accordance with law. WHEREFORE, Plaintiff IVAN NAVARRO prays for judgment against the Defendants POOJA SRIVASTAVA Rt~M~SHKUMAR aka POOJA SRIVASTAVA, ASEEM SRIVASTAVA, and DOES 1 through 100, inclusive, and each of them, for: a. General damages in an amount in excess of the minimum jurisdictional amount of the unlimited jurisdiction of the Superior Court of the State of California; b. All medical. and incidental expenses according to proof; 7 COMPLAINT FOR PERSONAL INJURIES AND DAMAGES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Damages for the loss of his wife's love, companionship, comfort, care, services, assistance, protection, affection, society, and moral support; d. All prejudgment interest on general and special damages from the date of the collision of the present complaint; e. All costs of suit; and f. Such other and further relief as this Court may deem just and proper. I DATED: March 15, 2021 MASTAGNI HOLSTEDT, APC By: aniel L. Osier Attorney for Plaintiffs MAYRA QUIROZ and IVAN NAVARRO s COMPLAINT FOR PERSONAL INJURIES AND DAMAGES 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEMAND FOR JURY TRIAL Pursuant to California Code of Civil Procedure Section 631, Plaintiffs hereby demands a trial by jury on all causes of action and to all issues in this complaint. DATED: March 15, 2021 MASTAGNI HOLSTEDT, APC By: aniel L. Osier Attorney for Plaintiffs MAYRA QUIROZ and IVAN NAVARRO 9 COMPLAINT FOR PERSONAL INJURIES AND DAMAGES