Complaint Limited 10K and 25K

Cal. Super. - 6th Dist.March 22, 2021

PLD-PI-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): E_F| LED FOR COURT USE ONLY_Michael Haus , Esq, Bar#3 O 42 1 8 Law Offices of Gregory J. Lucett 3/22/2021 3:09 PM 33o North Brand Blvd. , Suite 900 Clerk of Court Glendale' CA 91203 Superior Court of CA, TELEPHONE No: 818 548-6336 FAX No.(0ptional): 866 366-9168 county Of santa Clara E-MAIL ADDRESS (Optional): Mhaut @ al l S tate . com 21 CV380895 ATTORNEY FOR (Name): Allstate Northbrook Indemnity Company a/s/o Dominic Barnes Reviewed By- V Taylor SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDREss:l9l North First Street MAILING ADDRESS: same CITYANDZIPCODE;San Jose 95113 BRANCHNAME: CIVIL DIVISION PLAINTIFFzALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O DOMINIC BARNES DEFENDANT:MIGUEL BUENROSTRO, DOYLE'S WORK COMPANY, INC ' I D0ES1T0 25 COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply): MOTOR VEHICLE OTHER (specify): Subrogation Property Damage E Wrongful DeathE Personal Injury Other Damages (specify): Pursuant to Civil Code Sections 3287 and 3291 Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded E does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 21 CV380895E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION Is RECLASSIFIED bythis amended complaintE from limited to unlimitedE from unlimited to limited . Plaintiff(name ornames).'ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O DOMINIC BARNES CASE NUMBER: alleges causes of action against defendant (name or names): MIGUEL BUENROSTRO, DOYLE ' S WORK COMPANY, INC. , DOES l TO 25 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. Each plaintiff named above is a competent adult a. except plaintiff (name): ALLSTATE NORTHBROOK INDEMNITY COMPANY (1) 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 ofthe 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 of 3 Form Approved for Optiqnal pse COMPLAINT_Persona| |njury’ Property Legal Code of Civil Procedure, § 425.12 JudICIaI Councul of California S 1 ts) wPLD-PI-oo1 [Rev. January 1. 2007} Damage, Wrongful Death O u ,OHS Plus PLD-PI-001 SHORT TITLE: ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O BARNES CASE NUMBER: v . BUENROSTRO, ET AL. 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. except defendant (name): DOYLE ' S WORK COMPANY, INC . (1) E a business organization, form unknown (2) acorporation (3) E an unincorporated entity (describe): (4) E a public entity (describe): (5) E other (specify).- b.E except defendant (name): (1) E a business organization, form unknown (2) E acorporation (3) E an unincorporated entity (describe): (4) E a public entity (describe): (5) E other (specify): . E except defendant(name): (1)E a business organization, form unknown (2)E a corporation (3)E an unincorporated entity (describe): (4)E a public entity (describe): (5)E other (specify).- . E except defendant(name): (1)E a business organization, form unknown (2)E a corporation (3)E an unincorporated entity (describe): (4)E a public entity (describe): (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): l to 2 5 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): l to 2 5 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): LO a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): . E Plaintiff is required to comply with a claims statute, and PLD-PI-OO1 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Pagezofs Damage, Wrongful Death PLD-PI-001 SHORT TITLE: ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O CASE NUMBER: BARNES V . BUENROSTRO, ET AL . 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): X Motor Vehicle General Negligence Intentional Tort Products Liability Premises Liability Other (specify): iiiiii 11. Plaintiff has suffered . E wage loss loss of use of property hospital and medical expenses general damage property damage loss of earning capacity a b c. d. e f. g other damage (specify): Subrogation damages HDEDDH 12. 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: 13. The relief sought in this complaint is within the jurisdiction ofthis court. 14. 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) E according to proof (2) in the amount of: $ 10,212.22, plus prejudgment interest and costs as allowed by court. 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): MV-l , MV-2 , GN-2 AND GN-3 Date: December 2 , 2020 fi/ Michael Haus, Esq. ’ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2007] compLAlNT-Personal Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-001(1) SHORTTITLE: ALLSTATE NORTHBROOK INDEMNITY COMPANY A/s/o BARNES CASENUMBER; v. BUENROSTRO, ET AL. FIRST CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT TO Complaint E Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O DOMINIC BARNES 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): February l 3 , 2 O 2 O at (place): Northbound SR-880 north of Park Avenue, San Jose , CA Santa Clara county MV-2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): MIGUEL BUENROSTRO, Does l to 2 5 b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): MIGUEL BUENROSTRO, DOYLE ' S WORK COMPANY, INC . , Does l to 2 5 C. The defendants who owned the motor vehicle which was operated with their permission are (names): MIGUEL BUENROSTRO, DOYLE ' S WORK COMPANY, INC . , Does l to 2 5 d. The defendants who entrusted the motor vehicle are (names): MIGUEL BUENROSTRO, DOYLE ' S WORK COMPANY, INC . , Does l to 2 5 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): MIGUEL BUENROSTRO , DOYLE ' S WORK COMPANY , INC . , Doesl- 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: Defendants caused this accident by failing t0 drive within a single designated lane and/or making an unsafe lane change in Violation 0f Vehicle Code Section 21658(a)(b) and/or making an unsafe turn movement in Violation 0f Vehicle Code Section 22107. Further, Defendants drove at a speed that was greater than reasonable for prevailing conditions in Violation of Vehicle Code Section 22350 and/or Violation of Vehicle Code Section 21703. Does l to 25 page1 of1 F33;§§Fé°§ff£€£f°cp§1§2ii239 CAUSE 0F ACTION-Motor Vehicle Legal CodeofCiv" Procedure425-12 PLD-PI-oo1(1) [Rev. January 1, 2007] Solutions" $1.?lus PLD-PI-oo1(2) SHORT TITLE: ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O CASENUMBER: BARNES V. BUENROSTRO, ET AL. SECOND CAUSE 0F ACTION-General Negligence Page 5 (number) ATTACHMENT TO Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN4. Hamflfinmnwx ALLSTATE NORTHBROOK INDEMNITY COMPANY A/S/O DOMINIC BARNES mbgmfihmdemmkthamw: MIGUEL BUENROSTRO, DOYLE'S WORK COMPANY, INC. I Does l to 25 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff onmmwfl February l3, 2020 atmkwek Northbound SR-88O north of Park Avenue, San Jose, CA Santa Clara county (description of reasons for liability): GN-2 Prior to the accident as described hereinafter, Plaintiff issued a policy of insurance to Dominic Barnes, to cover certain damages to his 2014 BMW 4281 license plate number, 8ACC842. While this policy was in force and effect on February l3, 2020, certain qualifying losses occurred and plaintiff made certain payments pursuant to the terms and conditions of the policy. Therefore, plaintiff is entitled to be subrogated to the rights of its insured for the sum of the payments made. GN-3 Plaintiff is informed and believes, and thereon alleges, that on or about February l3, 2020, said insured motor vehicle was being lawfully operated upon certain public streets and highways in the above-entitled Judicial District; that at said time and place, the defendants, and each of them, so negligently entrusted, managed, maintained, drove and operated their motor vehicle so as to cause a collision accident involving insured motor vehicle, and so as to proximately cause material and consequential damages, to the extent and in the sum hereinabove alleged, all to the damage of plaintiff's insured, and all to plaintiff's consequent damage in a like sum. Page 1 of1 F%rrZAPTIgved flclar ?gtifial llee Legal Code of Civil Procedure 425.12 u lola ouncn o alornla - PLDHOWHRW Januam’zoon CAUSE OF ACTION-General Negligence SolufiJCinSw ‘3 .. uS