Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 22, 2021E-FILED 3/22/2021 11:32 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV380860 Reviewed By: V. Taylor 21CV380860 PLD-Pl-001 ATTORNEY onPAW WITHOUT ArronNEY (Nana. Stale Barnum maddress):- Dan Do 157678 Law Office of Dan Do 430 N 5th St San Jose CA 951 1 2 TELEPHONE No: ( 408)888-341 5 FAX No. (Optional):(408) 41 6-0931 E.MAJL ADDRESS (0px;ona/):dandoatlaw@gmail.com ATTORNEY FOR (Name): Bertha Fregoso SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara smear ADDRESS: 1 91 North First St. MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF:Bertha Fregoso DEFENDANTzAIan Joseph Schultz m DOEsn‘o 5 COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply):E MOTOR VEHICLE E OTHER (specify):NEGLIGENCE :E Property Damage i: Wrongful Death :2] Personal Injury i: Other Damages (specify): FOR COURTUSE ONLY Jurisdiction (check all that apply):E ACTION ls A LIMITED CIVIL CASE Amount demanded E does not exceed $1 0,000E exceeds $10,000, but does not exceed $25,000E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION Is RECLASSIFIED by this amended complaint C] trom limited to unlimitedE from unlimited to limited CASE NUMBER: 1. Plaintiff (name 0r names): Bertha Fregoso alleges causes of action against defendant (name or names): Alan Joseph Schultz 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. D except plaintiff (name): (1) E a corporation qualified to do business in California (2) D 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 D 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 plaintiffswho are not competent adults is shown in Attachment 3. P8991 013 F vedf O ' a1 U ' ‘ ' mmrgomgfofga'gpomiase COMPLAINT-Personal Injury, Property °°de °‘CM'mghgggfi pmppom [nev.January 1, 20071 Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: Fregoso v. Schultz 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): c. 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 (special): (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 (special): (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. D Doe defendants (specify Doe numbers): were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. E Doe defendants (specify Doe numbers): 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 its jurisdictional area. b. E the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.E injury to person 0r damage to personal property occurred in its jurisdictional area. . E other (specify):a9 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): PLDPl-Om 196v. January 1, 20°71 COMPLAINT-Personal Injury, Property Pamela Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: Fregoso v. Schultz 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. E MotorVehicle b. E General Negligence . E Intentional Tort . E Products Liability . E Premises LiabilityE Other (specify): flQQO 11. Plaintiff has suffered E] wage lossE loss of use of propertyE hospital and medical expensesE general damageE property damageE loss of earning capacityE other damage (specify): Plaintiff sustained personal injuries including, but not limited to, her cervical, thoracic and lumbar spine, headaches, sleep disorder and emotional distress, all of which said injuries have caused and continue to cause Plaintiff great mental, physical and nervous pain and suffering. Plaintiff is informed and believes, and upon that information and belief alleges, that her injuries will result in some permanent disability to her, all to her general damage. 12. E The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. E listed in Attachment 12. b. D as follows: aofisogpsrsv 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) E compensatory damages (2) E punitive damages The amount of damages is (in cases for personal injuty or wrongful death, you must check (1)): (1) E according to proof (2) E in the amount of: $ 15. E The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: 3/;92/3 0Q/ QaLLDo ‘K’Z/ (TYPE OR PRINT NAME) (SIGNATURE 6F PLAINTIFF OR HORNEY) PLDPI-om [Rem January1. 20071 COMPLAINT-Personal Injury, Property Pageants Damage, Wrongful Death PLD-PI-oo1(1) SHORT TITLE: CASE NUMBER: Fregoso v. Schultz FIRST CAUSE OF ACTION-Motor Vehicle (number) ATrACHMENTTo E Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name):Bel1ha Fregoso 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) 3/23/2019 at (place:) Stevens Creek Boulevard at or near Santana Row, in the city of San Jose, county of Santa Clara, state of California MV-2.DEFENDANTS a. E The defendants who operated a motor vehicle are (names): Alan Joseph Schultz m Does 1 to "- b. E The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): m Does 3 to --- c. E The defendants who owned the motor vehicle which was operated with their permission are (names): E Does 2 to "' d. E The defendants who entrusted the motor vehicle are (names): m Does 2 to 3 e. E The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): E Does 1 to 5 f. E The defendants who are liable to plaintiffs for other reasons and the reasons for the liability areE listed in Attachment MV-2f E as follows: D Does t0 Page 4 Page 1 of 1 Ffigflgfié‘fgflgflgfi CAUSE OF ACTION-Motor Vehicle CW3 01‘3”“ PmedP'e 42512 PLD-PI-om (1 ) (Rev. January 1. 2007] mmmu'gw PLD-PI-oo1(2) SHORT TITLE: Fregoso v. Schultz CASE NUMBER: SECOND (number) ATTACHMENTTO E Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Bertha Fregoso alleges that defendant (name): Alan Joseph SChUItz E Does 1 to 5 CAUSE OF ACTION-General Negligence Page 5 was the legal (proximate) cause of damages to plaintiff. By the following acts of omisSions to act. defendant negligently caused the damage to plaintiff on (date): 3/23/2019 at (Mace): Stevens Creek Boulevard, at or near Santana Row, in San Jose, Santa Clara County, California (description of reasons for liability): At said time and place, the defendants, and each of them, so negligently entrusted, managed, maintained, drove and operated their said motor vehicle in a westerly direction on Stevens Creek Boulevard, at or near its intersection with Santana Row, so as to proximately cause said motor vehicle to collide with the automobile plaintiff was driving and so as to thereby proximately cause the hereinabove described injuries and damages to plaintiff. Form Approved for Optional Use Judicial Council of California PLD-Pl-OO1 (2) [Rev. January 1, 2007] CAUSE OF ACTION-General Negligence Page 1 of 1 Code of Civi Procedure 425. 12 www.wum'nfo.cagov
