Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 3, 2021FAxmo Iopeorue (650) 861-3914 ATTORNEY OR PARTY wlTROUT ATTORNEY )meme, Slefe Bnr numlmr end nddieed Charles Law (SBN 158088) Nathan C. Long (SBN 290460) LAW & LAW 2483 Old Middlefield Way, Suite 206 Mountain View, CA 94043 TELEPHDNE No. (650) 691-8868 0JdAIL ADDRESS IOPdomg. ATToRNEY FQR )Nome) Plaintiff, Yanrong Ding sUPERloR coURT oF cALIFoRNIA, coUNTY oF Santa Clara BTREETADDREss 191 North First Street MAILING ADDRESS. OTYAND7JPCODE: San Jose 951 13 BRANDH NAME. Downtown Superior Court (DTS) PLAINTIFF: Yanrong Ding PLD-PI-001 FOR COURT USE ONLY oEFENOANT: Thomas Cheney OCEs 1 To 20 COMPLAINT-Personal Injury, Property Damage, Wrongful Death~ AMENDED (Num()er)l Type (check ail that apply)T MOTOR VEHICLE ~ OTHER (specify): Property Damage ~ Wrongful Death ~v'ersonal Injury ~ Other Damages (specify)T Jurisdiction (check sii fhaf apply): CASE NUMBER~ ACTION IS A LIMITED CML CASE Alnount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $26,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint~ from limited to unlimited~ from unlimited to limited t. Plainuff (name or names): Yanrong Ding afieges causes of action against defendant (name or names): Thomas Cheney; Does I to 20 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiffnamed above is a competent adult a. ~ except plaintiff (nsme): {1) ~ a corporation qualified to do business in California {2) ~ an unincorporated entity (descn'be): {3) ~ a public entity (describe): (4) ~ a minor ~ anadult {a) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) ~ other (specify): (5) ~ other (specify): b. ~ except plaintiff (name): (1} ~ a corporation qualilied to do business in California (2) ~ an unincorporated entity (describe): (3) ~ a public entity (descn'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 (specify)l (5) ~ other (specify): M Information about additional plaintiffs who are not competent adults is shown in Attachment 3. COMPLAINT-Personal Injury, Property PLD PIJMI IRev. Jnnunrr I, 2007) Damage, Wrongful Death Pngelote Code of r)m Procedure, 0 n20 12 univ.oourerne.ne.gov E-FILED 3/3/2021 11:42 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379125 Reviewed By: R. Tien 21CV379125 SHORT TITLE; Ding v. Cheney, et al. CASE NUMBER: PLD-PI4)01 4. ~ 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. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): c. ~ except defendant (name): {1) ~ a business organization form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): b. ~ 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 public entity (describe): (5) ~ other (specify): (4) ~ a public entity (descnbe): {5) ~ other (specify): ~ Information about additional defendants who are not natural persons is contained in Attachment 5. are persons whose capacities sre unknown to 6. The true names of defendants sued as Does are unknown to plaintiff. a. ~r Doe defendants (specify Ooe numbers): )6 through 2{) were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. ~r Doe defendants (specify Ooe numbers); I through )5 plaintiff. 7. ~ Defendants who are joined under Code of Civil Procedure section 382 are fnames); 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. ~v injury to person or damage to personal property occurred in its jurisdictional 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 (speci@): PLD.PIJa1 tnPV. JAAIAPr I, 2tc7I COMPLAINT-Personal Injury, Property Damage„Wrongful Death P3232013 SHORT TITLE: Ding v. Cheney, et al. CASE NUMBER PLD-PI-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. ~y General Negligence c ~ Intentional Tort d. ~ Products Liabihty e. ~ Premises Liability f, ~ Other (specify): 11. Plaintiff has suffered a. ~y wage loss b. ~v loss of use of property c. ~V hospital and medical expenses d. ~v general damage e. ~v property damage f ~v loss of earning capacity g ~ other damage (specify): 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 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) ~V compensatory damages (2) ~ punitive damages The amount of damages is (in cases for personal in)ury or wrongful dealh, you musl check (1)) (1) ~v according to proof (2) ~ in the amount of. $ I 5. ~y The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers) I through I4. Date: 4 RL Ej j Nathan C. Long iTYPE OR PRINT NAME) tf (SIGNATURE QF P~TIFF R ATTORNEY) PLO.PI-001 iRau. January I, 20071 COMPLAINT-Personal Injury, Property Damage, Wrongful Death Paga 3 af 3 SHORT TITLE: Ding v. Cheney, et al. CASE NUMBER PLD401401(1) I CAUSE OF ACTION-Motor Vehicle lnumber) ATTACHMENT TO [Z Complaint H Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Yanrong Ding MV- L 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 (crate): March 15, 2019 at (p/ace): 1-880 Southbound 1500 feet north of Coleman Avenue in San Jose, California MV- 2. DEFENDANTS a. ~4 The defendants who operated a motor vehicle are (names): Yanrong Ding H Does to b. ~4 The defendants who employed the persons who operated a motor vehide in the course of their employment are (names): EZ Does I to 5 c. ~v'he defendants who owned the motor vehicle which was operated with their permission are (names): [Z Does 6 to 10 d. ~Z The defendants who entrusted the motor vehicle are (names): CH Does I I to 15 e. ~v'he defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Does 16 to 20 f. C3 The defendants who are liable to p/aintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f ~ as fol/ows: H Does to Page 4 Paa Appoved lor Opdaal Ua! Juduul Couocd of Covolae PCOPIJ}01/f} /Rov. Jetruerr I, 2007l CAUSE OF ACTION-I}/toter Vehicle Peso 1 off Code of Coul Procedure 425 12 www.couaor'o.ce Pov SHORT TITLE: Ding v. Cheney, et al. CASE NUMBER: PLD+1401(2) 2 CAUSE OF ACTION-General NegligenCe Page 5 (number) ATTACHMENTTO My Complaint Cj Cross-Complaint (Use s separate cause of sce'on form for each cause of ection.) GN-L Plaintiff (nsme): Yanrong Ding alleges that defendant i'name): Thomas Cheney ~ Ones I to 20 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 (dste); March 15, 2019 at (piece): 1-880 Southbound 1500 feet north ofColeman Avenue in San Jose, California (description of reasons for liability): The incident occurred on March 15, 2019 in San Jose, California. Plaintiff Ding was driving Southbound on I-880 approximately 1500 feet North ofColeman Avenue in the ¹3 lane when she slowed to a stop for tragic ahead. Defendant Cheney was driving Southbound on I-880 directly behind PlaintiffDing when he failed to apply his brakes in time due to his unsafe speed and struck PlaintiffDing's vehicle. Defendant Cheney was in violation of CVC 22350, which states in pertinent part "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety ofpersons or property". But for Defendant Cheney's actions, the incident would not have occurred. As a result, Defendant Cheney is liable for Plaintiff Ding's damages including but not limited to Plaintiff Ding's physical injuries to her head, neck, back, shoulder and legs, psychological trauma, property damage and loss ofearnings. Form As{nosed fw opdonal Uae Jusnai Council of Caldomis PL{anldfof{2) {Reu. Jenuwr 1, 2eon CAUSE OF ACTION-General Negligence Pads 1 of 1 Code al Ctwl Procedure 425.12 www.couene.ca.fxw
