Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 23, 2021E-FILED 3/23/2021 11:30 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV380972 Reviewed By: V. Taylor 21CV380972 PLD-PI-001 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number. and addrass): --Anna Dubrovsky, Esq. SBN: 197116 ANNA DUBROVSKY LAW GROUP , INC . 750 Battery Street, Suite 700 San Francisco, CA 94111 TELEPHONEN0.: (4 15) 7 4 6-1477 FAxno.(0prmnar): (4 15) 74 6-1478 E-MAIL ADDRESS (Optional): anna @dubrOVS kylawyers . com AWORNEY FOR (Name): Plaint i ff , Yonatan Smolyar SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREETADDRESS: l 91 North First Street MAILING ADDRESS: cm'ANDZIP cons: San Jose, CA 95 113 BRANCH NAME: Unlimited PLAINTIFF: Yonatan Smolyar, through Marina Smolyar, GAL DEFENDANT: Lisa Smas, Karl Andreas Signar Smas andm DOEs1To 70' an'lnq‘ivp COMPLAINT-Personal Injury, Property Damage, Wrongful DeathD AMENDED (Number): Type (check all that apply): MOTOR VEHICLE D OTHER (specify):m Property Damage D Wrongful Deathm Personal Injury D Other Damages (specify): FOR COURT USE ONLY Jurisdiction (check all that apply):D ACTION IS A LIMITED CIVIL CASE Amount demanded D does not exceed $1 0,000D exceeds $1 0,000, but does not exceed $25,000m ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)D ACTION IS RECLASSIFIED by this amended complaintD from limited to unlimitedD from unlimited to limited CASE NUMBER: 1. Plaintiff(nameornames): Yonatan Smolyar, through Marina Smolyar, GAL alleges causes of action againstdefendant (name ornames): Lisa Smas , Karl Andreas Signar Smas N 3. Each plaintiff named above is a competent adult a. m except plaintiff (name): Yonatan Smolyar (1)D a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)D a public entity (describe).- (4) a minor D an adult This pleading, including attachments and exhibits, consists of the following number of pages: 6 (a)D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)m other (specify): Application for appointment of GAL is being filed concurrently. (5)D other (specify): b. a except plaintiff (name): (1)D a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)D a public entity (descn'be): (4)D a minor a an adult (a)D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)D other (specify): (5)D other (specify): D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Pago1 of 3 Foumiucgpprgvgqror cgnionrg‘ligse . COMPLAINT-Personal Injury, Property PLJo$m$$IEe3flfafnfiJr§°L 20071 gig; 33m! Damage, Wrongful Death CodeMCivilProoedure, 425.12 www.courfl .ca.gov Smolyar PLD-PI-001 SHORT TITLE: CASE NUMBER: Smolyar vs . Smas 4. D 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. D except defendant (name): c. D except defendant (name): (1) D a business organization, form unknown (1) D a business organization. form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (special): (5) D other (special).- b. D except defendant (name): d. D except defendant (name): (1) D a business organization. form unknown (1) D a business organization. form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (descn'be): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other (specifil): D 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. m Doe defendants (specify Doe numbers): 'l -7 0 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. m Doe defendants (specitj/ Doe numbers): 1 -2 O 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. b. D the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. m injury to person or damage to personal property occurred in its jurisdictional area. d. D other (specify): 9. D Plaintiff is required to comply with a claims statute, and a.D has complied with applicable claims statutes. or b.D is excused from complying because (specifil): PLD-Pwm [Rem January 1. 2007] COMPLAINT-Persona| Injury, Property Page 2 of 3 Egg“ EEsgggggl Damage, Wrongful Death Smo lyar PLD-Pl-001 SHORT TITLE: CASE NUMBER: Smolyar vs . Smas 10. The following causes of action are attached and the statements above apply to each (each complaint must have one ormore causes of action attached):m Motor Vehiclem General NegligenceD Intentional TortD Products LiabilityD Premises LiabilityD Other (specify) : $999.05» 11. Plaintiff has sufferedD wage lossD loss of use of propertym hospital and medical expensesm general damagem propeny damagem loss of earning capacityw other damage (specify): Loss of enjoyment of life, emotional distress and anxiety. Interest allowed by law. cP-‘Mwsxosrsv 12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. D listed in Attachment 12. b. D as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1)m compensatory damages (2)D punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1)m according to proof (2)D in the amount of: $ 15. D The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: MarcfléOZl Anna Dub n q F‘so }‘m’rPE 0R PR1NT NAME) (SIGNATURE 0F PLANTIFF 0R ATrORNEY) PLD-Pwm [Rev‘ January 1. 20071 COMPLAINT-Personal lnju ry, Property Pm 3 °f 3 .I: - E t' | Dama e, Wron ful Death CLB“ fifigpng 9 9 Smolyar PLD-PI-oo1 (1) SHORTTHIE CASENUMBER Smolyar vs. Smas Pflafigber) CAUSE OF ACTION- Motor Vehicle A'ITACHMENT TO m Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name):Yonatan Smolyar, through Marina Smolyar, GAL 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): May 9, 2019 momma: Charleston Road at or near intersection with Louis Street, City of Palo Alto, Santa Clara, California. MV-2. DEFENDANTS a.m The defendants who operated a motor vehicle are (names): Lisa Smas and m Does 'I to 7 0 b.m The defendants who employed the persons who operated a motor vehicle in the course of their employment amammmmLisa Smas, Karl Andreas Signar Smas and m Does 1 to 2 0 c.m The defendants who owned the motor vehicle which was operated with their permission are(names): Lisa Smas, Karl Andreas Signar Smas and m Does L to 9 0 d.m The defendants who entrusted the motor vehicle are (names): Lisa Smas, Karl Andreas Signar Smas and m Does 1 to 2 0 e.m The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Lisa Smas, Karl Andreas Signar Smas and m Does 1 to 7 O f. m The defendants who are liable to plaintiffs for other reasons and the reasons for the liability arem listed in Attachment MV-zf D as follows: m Does ‘l to 7 0 Page 4- Page 1 of 1 F A df O f IU . Cod fC' ‘IP d 425.12 mcia’i‘gfifidfémzlfifirfiia 5° CAUSE 0F ACTION - Motor Vemcle ° ° '“Wgufiifiécagov PLD-Pl-001(1) [Rev. January 1. 2007] CEB' Essential Smolyar cahcom Em. MC-025 SHORT TITLE: CASE NUMBER: -Smolyar vs. Smas ATTACHMENT (Number) :M (This Attachment may be used with any Judicial Council form.) Smolyar vs. Smas, et al. Santa Clara County Superior Court Complaint - Personal Injury Plaintiff is ignorant of the true names and capacities of defendants sued herein as DOES 1 - 20, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named defendants are responsible in some manner for the occurrences herein alleged and that plaintiff's injuries and damages as herein alleged were proximately caused by the conduct of these defendants. Plaintiff is further informed and believes and thereon alleges that each of the defendants were the agent, partner, principal, employee, employer, joint venture, co-conspirator, and/or acted in concert with each of the other defendants in doing the things alleged herein, and/or ratified or approved each of the acts, conduct and omissions of the other defendants, so that those acts, conduct or omissions became their own, and in doing the acts herein alleged, were acting within the scope of their actual or apparent authority, or their status as described above. (If the item that this Attachment concerns is made under penalty ofpetjury, all statements in this Page5- of .6- Attachment are made under penalty ofpea‘ury.) (Add pages as required) Fsawigzrggsxéfszm" ATTACHMENT mmmmw mcozisev. July 1. 20091 to Judicial Council Form CEB' Essential Smolyar cebmm Em PLD-Pl-OO1 (2]) SHORT TITLE: CASE NUMBER: Smolyar vs. Smas SECOND CAUSE OF ACTION- General Negligence Page $_- (number) AWACHMENT Tom Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) GNA.Mmmm0mmwz Yonatan Smolyar, through Marina Smolyar, GAL allegesthatdefendant(name): Lisa Smas, Karl Andreas Signar Smas and m Does J- to 2_0__.___ 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 (date): May 9, 2019 alphaek Charleston Road at/near intersection with Louis Street, Palo Alto, CA (description ofreasons for liability) : On May 9, 2019, Yonatan Smolyar, a minor, was riding his bicycle, wearing a helmet, on Charleston Road in the City of Palo Alto in the designated bike lane. As he approached an intersection with Louis Street, Defendant Driver Lisa Smas, driving a 2018 Tesla, was stopped on Loius Street at the Stop sign. There were no stop signs for Yonatan. Inexplicably, suddenly and without any warning, Defendant Driver Lisa Smas started to drive, crossed through the crosswalk without ensuing it was clear and hit the right side of Yonatan's bicycle and his body. Yonatan was thrown off his bicycle and slammed to the ground near the wheels of the car. Defendants and their negligent conduct fell below the standand of care of a reasonable person in that defendants negligently caused, or contributed to causing the subject collision with plaintiff's bocycle and plaintiff body. Defendants and their conduct was a substantial factor in causing plaintiff's multiple serious personal injuries and damages stemming therefrom. Page 1 of 1 Form Approved for Optional Use CAUSE 0F ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of California Essential mvw.coudinfo.ca.gov PLD.PI.oo1(2) [Rem January 1, 2007] CEB' cam Saflflmg Smolyar
