Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 3, 2021PLD-Pl-OD1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): --Owili K. Eison, Esq. [SBN 271802] BANAFSHEH DANESH & JAVID, PC 9701 Wilshire Blvd. 12th Floor Beverly Hills, California 90212 TELEPHONE ~o.: (310) 8 87-18 18 FAXN0.(Optionau: (310) 8 87-18 80 E-MAIL ADDRESS (Optional): O e @bha t tOrneys . com ATTORNEY FOR (Name): P l a i nt i f f SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA STREETADDRESS: 191 North First St . MAILINGADDREss: 191 North First St . CITYANoznpcooz: San Jose, CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF: Marta Clemencia Guerra Montenegro, an individual DEFENDANT: Yellow Checker Cab of San Jose; John Doe, an individual; andm DOESQTOZD. 'inr‘lnq‘ivp COMPLAINT-Personal Injury, Property Damage, Wrongful DeathD AMENDED (Number): Type (check all that apply): MOTOR VEHICLE D OTHER (specify):m Property Damage D Wrongful Deathm Personal Injury D Other Damages (specify): FOR COURT USE ONLY E-FILED 3/3/2021 3:18 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379121 Reviewed By: R. Tien Jurisdiction (check all that apply):D ACTION IS A LIMITED CIVIL CASE Amount demanded D does not exceed $10,000D exceeds $10,000, but does not exceed $25,000m ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)D ACTION IS RECLASSIFIED by this amended complaintD from limited to unlimitedD from unlimited to limited 4" CAsEAN‘umpER:K_y g. '1- I ‘ “Na z A ",3; 21CV379121 1. Plaintiff(nameornames): Marta Clemencia Guerra Montenegro, an individual alleges causes of action against defendant (name or names): Ye l l ow Chec ke r Cab 0 f San J0 S e; John Doe, an individual; and DOES 2 to 20, inclusive 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. a except plaintiff (name): (1)D a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)D a public entity (describe): (4)D a minor D an adult (a)D forwhom a guardian or conservator ofthe estate or a guardian ad litem has been appointed (b)D other (specify): (5) D other (specify): b. D except plaintiff (name): (1) D a corporation qualified to do business in California (2) D an unincorporated entity (descn'be): (3)D a public entity (describe).- (4)D a minor D an adult (a)D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)D other (specify): (5)D other (specify): D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Form Approved for Optional Use Judicial Council of California CEB'PLD-Pl-001 [Rsv. January 1. 2007] I grams- Damage, Wrongful Death E 1H COMPLAINT-Personal Injury, Property Page 1 om Code of Civil Procedure. 425.12 www.coum'n .ca.gov Guerra Montenegro, Marta Clemenc PLD-Pl-001 SHORT TITLE: Marta Clemencia Guerra Montenegro v. Yellow Checker Cab of San Jose; et a! CASE NUMBER: 4. D Plaintiff (name): is doing business under the fictitious name (specifiz): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. m except defendant (name): c. D Yellow Checker Cab of San Jose (1) m a business organization. form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) a a public entity (describe): (5) D other (specify).- except defendant (name): (1) D a business organization. form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe): (5) D other (specify).- b. D except defendantmame): d. a except defendant (name): (1) a a business organization. form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe): (5) D other (specify): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe).- (4) D a public entity (describe).- (5) D other (specify): D 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 piaintiff. a. m Doe defendants (specifi/ Doe numbers): 9 1-n 9 n : 1' nn1 um“ vs: were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. m Doe defendants (specify Doe numbers): 9 ’m 9 n. 1' nfl n ==1' w:- are persons whose capacities are unknown to plaintiff. 7. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. D at least one defendant now resides in its jurisdictional area. 990* D other (specify): 9. D Plaintiff is required to comply with a claims statute. and a.D has complied with applicable claims statutes. or b.D Es excused from complying because (specifil): . D the principal piece of business of a defendant corporation or unincorporated association is in its jurisdictional area.m injury to person or damage to personal property occurred in its jurisdictional area. PLD-PI-oo1 [Rem Januam. 2007] COMPLAINT-Personal Injury, Property Pagezon -- ' Essa ti 95E?“ Ehgm: Damage' wrongfl" Death Guerra Montenegro, Marta Clemenc PLD-Pl-001 SHORT TITLE: CASE NUMBER: Marta Clemencia Guerra Montenegro v. Yellow Checker Cab of San Jose; et al 10. The following causes of action are attached and the statements above appiy to each (each complaint must have one or more causes of action attached):m Motor Vehiclem General NegligenceD Intentional TortD Products LiabilityD Premises LiabilityD Other (specffir) : #5099535» 11. Plaintiff has sufferedm wage lossm loss of use of propertym hospital and medical expensesE general damage property damageW loss of earning capacitym otherdamage (specifiI): For such other relief that the Court finds just and proper. (Pfisnslpsrsn edamages claimed for wrongful death and the relationships of piaintiff to the deceased are12. D Th a D listedin Attachment 12. b D 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)m compensatory damages (2)D punitive damages The amount of damages'Is (in cases for personal'Injury or wrongful death, you must check (1)): (1)m according to proof (2) D in the amount of: $ 15. D The paragraphs of this complaint alleged on information and belief are as foliows (specify paragraph numbers): Dma March 3, 2021 Owj11' K Rison. Rea. ’ OMK @fl’ {Ti’PE OR PRTNT NAME} (SIGNATURE 0F PLAINTIFF 0R ATTORNEY) Pw-Plow [Rev January 1. 20071 COMPLAINT-Personal Injury, Property Page a ofs Damage, Wrongful Death Guerra Montenegro, Marta Clemenc PLD-PI-oo1(1) SHORT TITLE: CASE NUMBER: Malta Clemencia Guerra Montenegro v. Yellow Checker Cab of San Jose; et a1 Spcond CAUSE 0F ACTION- Motor Vehicle (number) ATTACHMENT Tom Complaint D Cross-Compiaint (Use a separate cause of action form for each cause of action.) Piaintiff(name):Marta Clemencia Guerra Montenegro, an individual 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 4 , 201 9 at (piece): The collision occurred on US-«lOl , San Jose , California MV-Z. DEFENDANTS a.m The defendants who operated a motor vehicle are (names): John Doe, an individual; and E Does L to minchlsixe b.m The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Yellow Checker Cab of San Jose; and m Does L to Wile. c. E The defendants who owned the motor vehicle which was Operated with their permission are (names): Yellow Checker Cab of San Jose; and m Does .._2_ to 20,.indusixL d.m The defendants who entrusted the motor vehicle are (names): Yellow Checker Cab of San Jose; and m Does L to minchlije. e.m The defendants who were the agents and employees of the other defendants and acted within the scepe of the agency were (names): John Doe, an individual; and m Does L to 2fl,_inch;lsim_ f. m The defendants who are liable to plaintiffs for other reasons and the reasons for the liability areD listed in Attachment MV-zf D as renews: m Does _.2 _ to Zflgnnhlsmt' ' Page .5- Paga 1 of 1 Form Approved far Optional Use . Coda of C‘ ‘l P ed ' 425.12Judicial Council of California CAUSE OF ACTION ~ Motor Vehlcle wivmrtfgougfifgca‘gov PLD-Pl-001 (1) [Rem January 1, 2007} CEB ; Essential Guerra Montenegro, Marta Clemenc «Mom I EM-s' PLD-PI-001 (2) SHORT TITLE: Malta Clemencia Guerra Montenegro v. Yellow Checker Cab of San Jose; et a1 CASE NUMBER: Fj rsr CAUSE OF ACTION- General Negligence Page _A_ (number) ATrACHMENT To Q Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1.Plaintiff(name): Marta Clemencia Guerra Montenegro, an individual allegesthatdefendant (name): Yellow Checker Cab Of San Jose; John Doe, an individual; and m Does L to 20,.imh1ije. was the legal (proximate) cause of damages to plaintiff. By the‘ following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): March 4 , 20 l 9 at (place): The collision occurred on US-lOl , San Jose , California (description of reasons for liability) : On or about March 4, 2019, Plaintiff Marta Clemencia Guerra Montenegro was traveling on US-lOlin the city of San Jose, California, and came to a complete stop due to trafl'lc ahead, when a vehicle owned by Defendant Yellow Checker Cab of San Jose, and driven by Defendant John Doe, traveling at a high rate of speed, caused a collision when Defendant John Doe failed to stop before colliding with the rear of Plaintiff‘s vehicle, causing Plaintiff‘s vehicle to collide with another vehicle, resulting in injuries and damages to Plaintifi. At all times herein mentioned, Defendant John Doe, and DOES 2 to 20, inclusive, was acting in the course and scope of her and/or hjs employment, agency, joint enterprise, and/or independent contractor relationship with Defendant Yellow Checker Cab of San Jose, and DOES 2 to 20, so that Defendants are vicariously liable for the negligence of one another. Defendant John Doe, and DOES 2 to 20, inclusive, negligently operated her and/or his motor vehicle by, including but not limited to, failing to keep a proper lookout for other vehicles, including Plaintiff‘s vehicle. Defendant John Doe, and DOES 2 to 20, inclusive, violated the applicable California Vehicle Code Section 223 SO, by driving at an unsafe speed. At all times herein mentioned, Defendant Yellow Checker Cab of San Jose, and DOES 2 to 20, negligently hired, trained, supervised, managed and/or controlled Defendant John Doe, and DOES 2 to 20, and allowed Defendant John Doe, and DOES 2 to 20, to operate a motor vehicle when it knew or should have known it was unsafe to do so. That as a direct and proximate result of the acts and omissions of the Defendants, and DOES 2 to 20, inclusive, Plaintiff has received severe injuries to her body and shock and injuries to her nervous system, all of which caused and continues t0 cause her severe pain and discomfort, and Plaintiff is informed and believes, and based upon such information and belief alleges that she will in the future suffer severe mental, physical and nervous pain and sufi'ering, all to her general damage in a sum according to proof at the time 0f trial. As a direct and proximate result of the acts and omissions ofthe Defendants and DOES 2 to 20, inclusive, and the injuries resulting therefiom, Plaintiff necessarily employed physicians and surgeons for medical examination, treatment, and care for these injuries, and incurred medical and incidental expenses. Plaintiff will also have to incur additional like expenses in the filture all in amounts presently unknown to her. Plaintifl' also seeks punitive damages, and asks leave of the court either to amend this complaint to show the amount ofher medical expenses, when ascertained, or to prove the amount at trial. Page 1 of 1 Farnsfipfrcoved [ft nglifinal _Use CAUSE OF ACTION- General Neg ligence Coda of Civil Procedure 425.12u ma rmlo a mn . PLD-Pl-IOO1 (21°FReV. Januéry 1|,a200?] CEB' Essanflfl m.oourfmfo.ca.go:rmm £31m Guerra Montenegro, Marta Clemenc
