Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.April 23, 2021

PLD-Pl-OM FOR COURT USEONLYATTORNEY 9R PARTY WITHOUT ATTORNEY (Name. Slate Bar number, and address):-' Mirah Vazirinejad, Esq. (SBN 320414) THE BARNESFIRM L.C. 353m“, $33660?” Electronically filed TELEPHONE N0: (?OO) 800-0030@ h b FAxgioxomnan: (888) 800-7050 by superior court Of CA EMAIL monsssmpumo: a 1.vazmne_|a t e ames u’m.com moamomm Plaintiff Christopher Chinchiolo county Of santa Clara’ 0n 4/23/2021 9:55 AMSUPERIOR COURT 0F CALIFORNIA. COUNTY 0F SANTA CLARA smeenooaess: 191 NORTH FIRST STREET Reviewed By;Y_ Chavez cmfiflsi gfifiosa CA 95113 case #21 CV38091 2 BRANCHNAME: EnV #6302667 PLAINTIFF: Christopher Chinchiolo DEFENDANT: Christopher Winn, The Hertz Corporation. AND Does1 To 100 INCLUSIVE COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply): MOTOR VEHICLE E OTHER (specify):E Property Damage E Wrongful DeathE Personal Injury D Other Damages (specify): Jurisdiction (check all that apply):E ACTION Is A LIMITED CIVIL CASE Amount demanded E does not exceed $1 0,000D exceeds $1 0,000, but does not exceed $25,000 ACTION Is AN UNLIMITED cIVIL CASE (exceeds $25,000) 21 CV38091 2D ACTION IS RECLASSIFIED by this amended complaintE from limited to unlimitedE from unlimited to Ilmited 1. Plaintiff (name Of names): Christopher Chinchiolo alleges causes of action against defendant (name or names): Christopher Winn, The Hertz Corporation and DOES 1 TO 100 INCLUSIVE . This pleading. including attachments and exhibits. consists of the following number of pages: 4 3. Each plaintiff named above is a competent adult a. D except plaintiff (name): (1)D a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)D a public entity (describe): (4)D a minor D an adult (a) D for whom a guardian or conservator of the estate or a guardian ad Iitem has been appointed (b) D other (special): (5)E other (specify): b. E except plaintiff (name): (1)D a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)E a public entity (describe): (4)D a minor E an adult (a) E for whom a guardian or conservator of the estate or a guardian ad Iitem has been appointed (b) E other (specify): (5)D other (specify): CASE NUMBER: E Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Pm 1 0,, Ffimgfgméfjmfi” COMPLAINT-Personal Injury. Property °°d°°'°"“'mmg_fl$ PLDH-om (Rev. January 1. 20071 Damage, Wrongful Death PLD-Pl-OO1 SHORT TITLE: CASE NUMBER: CHINCHIOLO V. WINN, 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): The Hertz Corporation c. E except defendant (name): (1)E a business organization, form unknown (1)E a business organization. form unknown (2) a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)D an unincorporated entity (describe): (4)D a public entity (descn'be): (4)E a public entity (describe): (5)D other (specify): (5)E other (special): / b. E except defendant (name): d.E except defendant (name): (1)D a business organization. form unknown (1)E a business organization, form unknown (2)E a corporation (2)D a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)D a public entity (describe): (4)E a public entity (describe): (5)E other (specify): (5)E other (specify): E lnfonnation 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 - 50 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): 51 - 100 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. . E the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. . injury to person or damage to personal property occurred in its jurisdictional area. . E other (specify): U" 0.0 9. D Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. D is excused from complying because (specify): PLD-PI-om (Rev. Jammy 1. 2007] COMPLA|NT_PersonaI Injury, Property Page 2o: a Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER CHINCHIOLO V. WINN, 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 ofaction attached): a. Motor Vehicle b. E General Negligence c. D Intentional Tort d. E Products Liability e. E Premises Liability f. D Other (specify): 11. Plaintiff has suffered a. wage loss b. loss of use of property c. hospital and medical expenses d. generaldamage e. property damage f. loss of earning capacity g. E other damage (specify): 12. E The damages claimed for wrongful death and the relationships of plaintiffto the deceased are a. D listed in Attachment 12. b. E as follows: 13. The relief sought in this complaint is within thejurisdiction ofthis court. 14. Plaintiff prays forjudgment for cosh of suit; for such relief as is fair. just, and equitable; and for a. (1)m 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)D in the amount of: $ 15. D The paragraphs ofthis complaint alleged on information and belief are as follows (specifyparagraph numbers): Date: April 23, 2021 Mirali Vazirinejad ’ (TYPE 0R PRINT NAME) (SIGNATURE OF PLAINTIFF 0R ATTORNEY) ””34““ IR“ Jimmy 1- 20°71 COMPLAINT-Personal Injury, Property Pm 3 °' 3 Damage. Wrongful Death PLD-Pl-001 (1) SHORT TITLE: CASE NUMBER: CHINCHIOLO V. WINN, ET AL. One CAUSE OF ACTION-Motor Vehicle (number) ATrACHMENTTo Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Christopher Chinchiolo 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): April 30, 20 1 9 at (place): Bailey Avenue, City of San Jose, County of Santa Clara, State of California. MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Christopher Wirm Does l to 20 b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Does 20 to 40 c. The defendants who owned the motor vehicle which was operated with their permission are (names): The Hertz Corporation, and Does 40 to 60 d. The defendants who entrusted the motor vehicle are (names): The Hertz Corporation, and Does 60 to 80 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): The Hertz Corporation, and Does 80 to 100E 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::‘h D Does to Page ._4_ Page 1 of 1 megi‘l’rjggfflng“ CAUSE OF ACTION-Motor Vehicle °°"° °'°"’“PW“ 425-12 PLD-Pl-001(1) [Rem January 1. 2007] www.courflnfo.ca.gov