Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 3, 2021PLO-Plroo1 ATTORNEY OR PARTY WITHOUT AITORNEY /rva/ne, Slate Bar number, and 8ddrees/.. FOFI COURT USE ONLY Abronson Law Offices Louis S. Abronson, SB#203737 332 N. Second Street San Jose, California, 95112 TELEPHONE No (408) 687-9155 FAX NO. /Optr.One/): (408) 352-5595 E-MAIL ADDREss /op#onai). LSA@redhouselawyer.Com ATTORNEy FOR /Name). Nellie Trevino supERioR CouRT oF CALIFORNIA, CoUNTy oF Santa Clara sTREETADDREss. 191 North First Street MAiLiNGAc7DREss 191 North First Street ciTVANDzipcoDE: San Jose, CA 95113 BRANCH NAME: DOwntown superior court PLAINTIFF: Nellie Trevino DEFENDANT: Oscar Medrano, Medrano Electric, Inc., and E DOESITo 50 COMPLAINT-Personal Injury, Property Damage, Wrongful Death I AMENDED /rvumber).. Type (check all that apply): Rl MOTORVEHICLE I OTHER/spec/.fy): I property Damage I Wrongful Death H personal Injury I Other Damages /spec/.fy).. Jur.lsd.icfiron (check all that apply): CASE NUMBER: I ACTION IS A LIMITED CIVIL CASEAmountdemandedIdoesnot exceed $10,000 I exceeds $10,000, but does not exceed $25,000 H ACTloN IS AN UNLIIVIITED CIVIL CASE (exceeds $25,000) I ACTION IS RECLASSIFIED by this amended complaint I from limited to unlimited I from unlimited to limited 1. plaintiff /name ornames/.. Nellie Trevino alleges causes of action against defendant /name or names/.. Oscar Medrano, Medrano Electric, Inc., and Does 1-50 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. I except plaintiff /name/.. (1) I a corporation qualified to do business in California (2) I an unincorporated entity /descrrbe/.. (3) I a public entity /descr/.be/.. (4) I a minor I an adult (a) I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) I other /spec/.fy/.' (5) I other /spec/.fy/.. b. I except plaintiff /name/.. (1) I a corporation qualified to do business in California (2) I an unincorporated entity /descr/.be/.. (3) I a public entity /descr/.be/.. (4) I a minor I an adult (a) I for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) I other /specJfy).. (5) I other /spec/fyJ.. I Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 Of 3 Fom Approved for Optional Use Judiaal Council of Califomia PLO-Pl-001 [Rev. Januery 1, 2007] COMPLAINT-Personal Injury, Property Damage, Wrongful Death Code of Civil Procedure, § 425.12 ww.couhinfo.ca.gov E-FILED 3/3/2021 2:49 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379120 Reviewed By: R. Tien 21CV379120 PLD-Pl-OO1 SHORT TITLE: CASE NUMBER: Trevino v. Medrano, et al 4. I Plaintiff /name/.. is doing business under the fictitious name /spec/fy).I and has complied with the fictitious business name laws. 5` Each defendant named above is a natural person a. H except defendant /name).. Medrano Electric, Inc. c. I except defendant /name/. (1) I a business organization, form unknown (2) E a corporation (3) I an unincorporated entity /ctescr/.be/.. (4) I a public entity /descry.be/.. (5) I other /specJfyJ.. b. I except defendant /name/.. (1) I a business organization, form unknown (2) I a corporation (3) I an unincorporated entity /c/escr/.be/.. (4) I a public entity /cJescr/.Oe/.. (5) I other /spec/fyJ.. (1) I a business organization, form unknown (2) I a corporation (3) I an unincorporated entity /desor/be).. (4) I a public entity /descrt.be/.. (5) I other /specJfy).. d. I except defendant /name/.. (1) I a business organization, form unknown (2) I a corporation (3) I an unincorporated entity /descry.be/.. (4) I a public entity /desow.be/.. (5) I other /specJfy).. I 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. 1-25 were the agents or employees of other named defendants and acted within the scope of that agency or employment. a. E Doe defendants (spec/fy Doe numbers/. b. H Doe defendants /spec/fy Doe numbers/. plaintiff. 26-50 are persons whose capacities are unknown to 7. I Defendants who arejoined under code ofcivH procedure section 382 are /names/: 8. Th.is court is the proper court because a. I at least one defendant now resides in its jurisdictjonal area. b. H the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. Rl injury to person or damage to personal property occurred in its jurisdictional area. d. I other /spec/fy).. 9. I plaintiff is required to comply with a claims statute, and a. I has complied with applicable claims statutes, or b. I is excused from complying because /spec/fy).. PLD-PIJ)01 [F{ev. January 1, 2007] COMPLAINT-Personal Injury, Property Damage, Wrongful Death PLD-Pl-OO1 SHORT TITLE: CASE NUMBER: Trevino v. Medrano, et al 10. The following causes of action are attached and the statements above apply to each /each camp/a/.nf must nave one or more causes Of action attached): a. H Motorvehicle b. I General Negligence c. I Intentional Tort d. I Products Liability e. I Premises Liability f. I Other /spec/fy).. 11. Plaintiff has suffered a. E wage loss b. H loss of use of property c. H hospital and medical expenses d. H general damage e. H property damage f. H loss of earning capacity 9. E other damage /spec/fyJ.. Loss of ability to provide household services 12. I The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. I listed in Attachment 12. b. I as follows: 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) H compensatorydamages (2) I punitive damages The amount Of damages .is (in cases for personal injury or wrongful death, you must check (1)): (1) H according to proof (2) I in the amount of: $ 15. I The paragraphs of this complaint alleged on information and belief are as follows /spec/.fy paragraph numbers/.. Date: Louis S. Abronson (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-Plroo1 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 3 Of 3 Mar 03 2021 plo-pirooi(1) SHORT TITLE: CASE NUMBER: Trevino v. Medrano, et al 1 CAUSE OF ACTION-Motor vehicle (number) ATTACHMENTTO H Complaint I Cross-Complaint (Use a separate cause Of act.Ion form for each cause of action.) Plaintiff /name/.. Nellie Trevino 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/.. April 16, 2019 at (place) : Ms. Trevino was sitting in the passenger seat of a parked car on Eigleberry Street near the intersection of 4th Street in Gilroy, California, when a truck driven by Oscar Medrano pulled out of the Post Office parking lot and hit her car, impacting the driver side of the car. Ms. Trevino sustained back and neck injuries, and nerve damage in her left arm as a result of the accident. MV-2. DEFENDANTS a. H The defendants who operated a motor vehicle are /r}amesJ.. Oscar Medrano, Medrano Electric, Inc., and HDoes 1 to 10 b. H The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Oscar Medrano, Medrano Electric, Inc., and HDoes 11 to 20 c. H The defendants who owned the motor vehicle which was operated with their permission are /names/.. Oscar Medrano, Medrano Electric, Inc., and H Does 21 to 30 d. H The defendants who entrusted the motor vehicle are /narr)es/. Oscar Medrano, Medrano Electric, Inc., and HDoes 31 to 40 e. H The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were /r]ames/.. Oscar Medrano, Medrano Electric, Inc., and HDoes 41 to 50 f. I The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are I listed inAttachment MV-2f I as follows: I Does page 4 Page 1 Of 1 Form Approved for Optional Use Judiclal CounCil of Califomia PLD-Ploo1(1) [Fiev. January 1, 2007] CAUSE OF ACTION-Motor Vehicle Code of Cjvil Procedure 425.12 www.couhinfo.ca.gov