Complaint Unlimited Fee Applies

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

l:_|:” Fr) PLD-PI-001 iDOORgEerot-R] PBR-TYDVgTra-ISUT ATTORNEY (Name, State Bar number, and address). SBN 223944 3/3/202 T03?5(TTWPNLY JD Injury Law, APC Clerk 0f Court 7220 Trade Street, #220, San Diego, CA 92121 Superior Court 0f CA, San Diego CA 92121 County of Santa Clara TELEPHONE No: (858) 925-4525 FAX No. (Optional): 21 CV3791 22 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff(s) Michael Dolcini SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITYAND ZIP CODE: San Jose CA 951 13 BRANCH NAME: Downtown Superior Court (DTS) PLAINTIFF: Michael Dolcini Reviewed By: R. Tien DEFENDANT; DUC Le, and Lyft, lnC. DOES 1 Toi COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply): MOTOR VEHICLE E OTHER (specify): Property Damage E Wrongful Death Personal Injury E Other Damages (specify): Jurisdiction (check aII that apply): CASE NUMBER:E ACTION Is A LIMITED CIVIL CASE Amount demanded E does not exceed $1 0,000E exceeds $1 0,000, but does not exceed $25,000 21 CV3791 22 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by this amended complaintE from limited to unlimitedE from unlimited to limited 1. Plaintiff (name ornames): Michae| Do|cini alleges causes of action against defendant (name or names): DUC Le. Lyft, Inc” DOES 1-30 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. E except plaintiff (name): (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor E an adult (a) E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify): (5)E other (specify): b. E except plaintiff (name): (1)E a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor E an adult (a) E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify): (5)E other (specify): E Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 01:3 Form Approved for Optional Use COMPLAINT_Persona| Injury, Property Code of Civil Procedure, § 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-PI-oo1 [Rev. January 1, 2007] Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Dolcini v. Le 4. E 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. E except defendant (name): Lyft, Inc. c. E except defendant (name): (1) E a business organization, form unknown (1) E a business organization, form unknown (2) m a corporation (2) E a corporation (3) E an unincorporated entity (describe): (3) E an unincorporated entity (describe): (4) E a public entity (describe): (4) E a public entity (describe): (5) E other(specify): (5) E other(specify): b. E except defendant (name): d. E except defendant (name): (1) E a business organization, form unknown (1) E a business organization, form unknown (2) E a corporation (2) E a corporation (3) E an unincorporated entity (describe): (3) E an unincorporated entity (describe): (4) E a public entity (describe): (4) E a public entity (describe): (5) E other(specify): (5) E other(specify): E 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. Doe defendants (specify Doe numbers): 1'30 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): 1'30 are persons whose capacities are unknown to plaintiff. 7. E Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. E at least one defendant now resides in itsjurisdictional area. b. E the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. injury to person or damage to personal property occurred in its jurisdictional area. d. E other (specify): 9. E Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): PLD-PI-OO1 [Rev. January 1, 2007] COMPLAINT_Persona| Injury, Property Page 2 of3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Dolcini v. Le 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more 11. 12. 13. 14. 15. causes of action attached): a. Motor Vehicle b. E General Negligence . E IntentionalTort . E Products Liability . E Premises LiabilityE Other (specify):.‘hCDQO Plaintiff has suffered a. wageloss b. loss of use of property . hospital and medical expenses . generaldamage . property damage loss of earning capacity . E otherdamage (specify): (QTHCDQO E The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. E listed in Attachment 12. b. E as follows: The relief sought in this complaint is within the jurisdiction of this court. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) compensatory damages (2) E punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof (2) E in the amount of: $ E The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: March 3, 2021 Joseph D. Dang b F (TYPE OR PRINT NAME) f (SIGNATURE OF PLAINTIFWORNEY) PLD-PI-om [Rem January 1, 20071 COMPLAINT-Personal Injury, Property Page 3 of3 Damage, Wrongful Death PLD-PI-oo1(1) SHORT TITLE: CASE NUMBER: Dolcini v. Le First CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENTTO Complaint E Cross_Comp|aint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Michael Dolcini 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): 3/4/2019 at (place): Home Depot. 5807 Hillview Ave. San Jose, CA 95123 MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Duc Le, and Lyft, Inc. Does 1 to 5 b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Duc Le, and Lyft, Inc. Does 6 to 1 0 c. The defendants who owned the motor vehicle which was operated with their permission are (names): Duc Le, and Lyft, Inc. Does 1 1 to 15 d. The defendants who entrusted the motor vehicle are (names): Duc Le, and Lyft, Inc. Does 1 6 to 20 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Duc Le, and Lyft, Inc. Does 21 to 25 f. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability areE listed in Attachment MV-2f as follows: Duc Le, and Lyft, Inc. Does 26 to 30 Page 4 Page 1 of1 Form APPVOVed for Optional Use CAUSE OF ACT|0N_Motor Vehic'e Code of Civil Procedure 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-Pl-001(1) [Rev. January 1, 2007]