Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 3, 2021

FAX No. (Cabanas PLAINTIFF: Jamie Ann Garrison oEFENOANR Frank Paul Mikulastik, and Does 1-10 ATTORNEY OR PARTY NaTHOU1 ATTORNEY (Name, Slate Sar number and addreaai Kim David Staskus SBN 96137 Staskus Law Firm, P.C. 1631 Willow Street Suite 270 San Jose, CA 95125 TELEPHoNEND 40(I 351 9296 E.MAIL ADDRESS (OP(rona(I ATTORNEY FOR (Name) Plaintiff Jaime Ann GarriSOn SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara sTREETADDREss 191 N. First Street MAILING ADDRESS c(TYANDzlpcoDE. Sam Jose CA 951 13 BRANCH NAME PLD-PI-001 FOR COURT USE ONLY DOES I To 10 COMPLAINT-Personal Injury, Property Damage, Wrongful Death~ AMENDED (Number)( Type (check all that apply): MOTOR VEHICLE ~ OTHER (speclfyJ:~ Property Damage C] 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): Jamie Garrison alleges causes of action against defendant (name or names): Frank Paul Mikulastik, an individual, and does 1-20 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. ~ except plaintiff (name): (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) ~ a pubhc entity (descr(be): (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 (specily)( (5) ~ other (specify). b. ~ except plaintiff (name): (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (descnbej (3) ~ a public entity (describe): (4) ~ a minor ~ an adult (a) ~ for whom a guardian or conservator of the estate or a guardian ad htem has been appointed (b) ~ other (specify): (5) ~ other (specify): ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. COMPLAINT-Personal Injury, Property Damage, Wrongful Death Pade1ofa Code of Civil Procedure 1 423 12 mm noiiifiilfo oa dttv E-FILED 3/3/2021 1:33 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379118 Reviewed By: R. Tien 21CV379118 PLD-PI-001 SHORT TITLE: Garrison v. Mikujastik, and does 1-20 CASE NUMBER 4. ~ Plaintiff (name): is doing business under the fictitious name (specify): and has comphed with the fictitious business name laws. 5. Each defendant named above is a natural person a. ~ exceptdefendant(name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): c. ~ exceptdefendant(name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descnbe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (speafy): b. ~v 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 pubkc entity (describe): (5) ~ other (specify): (4) ~ a public entity (descnbe): (5) ~ other (speafy): ~ Information about additional defendants who are not natural persons is contained in Attachment 5. 8. The true names of defendants sued as Does are unknown to plaintiff. a. ~e Doe defendants(specifyDoe numbers): I-(0 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. ~v Doe defendants (specifyDoe numbers): 6-20 are persons whose capacities are unknown to plaintiff. 7. ~ Defendants who are joined under Code of Civil procedure section 382 are (names). 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 iniury to person or damage to personal property occurred in its junsdictional 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). PLO-PlJrgr IRav. January 1, 20021 COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 2 aia SHORT TITLE: Garrison v. Mikulastik, and does 1-20 CASE NUMBER PLD-Pl-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 Motor Vehicle b. ~ General Negligence c. ~ Intentional Tort d. ~ Products Liability e. ~ Premises Liability f. ~ Other (speofy): Plaintiff has suffered a. ~v'age loss b. ~ lossofuseofproperty c. ~v'ospital and medical expenses d. ~v general damage e. ~ property damage f. ~V loss of earning capacity g. ~ other damage (specify): consequential damages 12. ~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. ~ listed in Attachment 12, b. ~ as follows: 13. The rehef sought in this complaint is within the junsdiction of this courL 14, 15. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) ~d compensatory damages (2) ~ punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) ~v according to proof (2) ~ in the amount of 3 ~v'he paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): 6a., 6b. Date: March 3, 2021 Kim David Staskus iTYPE OR PRINT NAME) PLD-PIS01 [Rav Januafv I, 2002) / (SIGNATURE OF/GINTIFF OR ATTORNEY) COMPLAINT-Personal Injury, Property / Damage, Wrongful Death Pll0a 3 ai 3 SHORT TITLE: Garrison v. Mikulastik CASE NUMBER PL D-PI-001(1) I CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT TO C~] Complaint M Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Jamie Ann Garrison MV- 1. Plaintiff alleges the acts of defendants were negbgent, the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date): 3/12/2019 at (place): On 3/12/2019, Ms. Garrison was traveling wcstound through thc intcrscction of Parkmoor Avenue and Leland Avenue when shc was suddenly hit on front right of her vehicle by the defendant. The impact resulted in substantial damage to Ms. Garrison's vehicle as well as personal injuries to her body. MV- 2. DEFENDANTS a. ~M The defendants who operated a motor vehicle are (names): Frank Paul Mikulastik K+3 Does I to 5 b. ~M The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Does 6 to 10 c. ~& The defendants who owned the motor vehicle which was operated with their permission are (names): C~] Does I I to 15 d. ~u'he defendants who entrusted the motor vehicle are (names): Does 16 to 17 e. ~& The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names)i Does 17 to I g f C3 The defendants who are liable to plaintiffs for other reasons and the reasons for the bability are listed in Attachment MV-2f ~ as follows: Does to Page I Po m Appm ed 1 Optional Ue Judkoal coo of ofC If mh. PLCPI dofif) [R . J fr 1. 2002] CAUSE OF ACTION-Motor Vehicle P Be 1 of 1 CodeofC IP«edu e42512 ooum 1 go