Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 23, 2021PLD-PI-001 ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): E FlLED FOR COURT USE ONLY - Owili K. Eison, Esq. [SBN 271802] ' BANAFSHEH DANESH & JAVID, PC 3/23/2021 1338 PM 9701 Wilshire Blvd. 12th Floor Clerk ofCourt Beverly Hills, California 90212 Superior Court Of CA, TELEPHONE No: (310) 887-1818 FAXNO.(Optiona/): (310) 887-1880 County 0f Santa C|ara E-MAILADDRESS (Optional): oe@bhattor1’1eys . com 21 cv380985 ATTORNEY FOR (Name): Pl a i Ht i f f S SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: l 91 North First St . MAILINGADDRESS: l 9 l North First St . CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF: Raul H. Cabezudo, an individual; Raul Gabriel Cabezudo, a minor, by and through his Guardian Ad Litem, Raul H. Cabezudo DEFENDANT: Karen Rosario Cedano Ulloa, an individual; Reymundo Ocampo Catano, an individual; andm DOES 1 TO 20 incluqive COMPLAINT-Personal Injury, Property Damage, Wrongful DeathD AMENDED (Number): Type (check all that apply): MOTOR VEHICLE D OTHER (specify):m Property Damage D Wrongful Death Personal Injury D Other Damages (specify): Reviewed By: V. Taylor Jurisdiction (check all that apply): CASE NUMBER:D ACTION IS A LIMITED CIVIL CASE Amount demanded D does not exceed $10,000D 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 21 CV380985 1. Plaintiff (name or names): Raul H. Cabezudo, an individual; Raul Gabriel Cabezudo, a minor, by and through his Guardian Ad Litem, Raul H. Cabezudo alleges causes of action againstdefendant (name or names): Karen Rosario Cedano Ulloa, an individual; Reymundo Ocampo Catano, an individual; and DOES 1 to 20, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3 3. Each plaintiff named above is a competent adult a. m except plaintiff (name): Raul Gabriel Cabe zudo (1)D a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)D a public entity (describe).- (4)E a minor D an adult (a)m forwhom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)D other (specify).- (5)D other (specify): b. D except plaintiff (name): (1)D a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)D a public entity (describe).- (4)D a minor D an adult (a)D forwhom 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. Page 1 of 3 F A df Ot' IU - - Cd fC"|P d , 425.12 Jimciaepsgnzcrgf 02mm 59 CEB- Essential COMPLA'NT Pemna' "WW, ”0W” ° e ° $0 PLD-PI-om [Rem January 1, 20071 mm", gromm- Damage, Wrongful Death Cabe zudo I Rau l H _ PLD-PI-001 SHORT TITLE: CASE NUMBER: Raul H. Cabezudo, et al V. Karen Rosario Cedano Ulloa, et al 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 (specify).- (5) D other (specify).- 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 (describe): (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 (specify): 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): 1 Jr o 2O . inclueive were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. m Doe defendants (specify Doe numbers): 1 Jr o 90 . 1' n01 1191' v9 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 itsjurisdictional 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 itsjurisdictional 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 (specify): PLD-PI-om [Rem January 1, 20071 COMPLAINT-Personal Injury, Property Page 2 0f 3 93'3" Egg: Damage, Wrongful Death Cabe zudo I Rau l H _ PLD-PI-001 SHORT TITLE: CASE NUMBER: Raul H. Cabezudo, et al V. Karen Rosario Cedano Ulloa, 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):m Motor Vehiclem General NegligenceD Intentional TortD Products LiabilityD Premises LiabilityD Other (specify) : rhrogpprsv 11. Plaintiff has sufferedm wage lossm loss of use of propertym hospital and medical expensesm general damagem property damagem loss of earning capacitym other damage (specify) : For such other relief that the Court finds just and proper. sor'nmgpcsv D listed in Attachment 12.12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased area. 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): Dam March 22, 2021 Owili K Eison, Esq ’ OMK (429» (TYPE 0R PRTNT NAME) (SIGNATURE OF PLAINTIFF OR A‘I'I'ORNEY) PLD-PI-om [Rem January 1, 20071 COMPLAINT-Personal Injury, Property Page 3 era ' Ess nt' I Dama e Wron ful Death Eng?“ gpgmlg- g ’ g Cabezudo, Raul H. PLD-PI-oo1(1) SHORT TITLE: CASE NUMBER: Raul H. Cabezudo, et a1 v. Karen Rosario Cedano Ulloa, et a1 Seo?nr&r%iber) CAUSE OF ACTION- Motor Vehicle ATTACHMENT To m Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) PIaintiff(name):Raul H. Cabezudo, an individual; Raul Gabriel Cabezudo, a minor, by and through his Guardian Ad Litem, Raul H. Cabezudo 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): March 23, 2019 at(place): The collision occurred on US-lOl N/B, south of Oakland Road, San Jose, CA 95112 MV-Z. DEFENDANTS a.E The defendants who operated a motor vehicle are (names): Karen Rosario Cedano Ulloa, an individual; and m Does to mindnije b.D The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): D Does to c.m The defendants who owned the motor vehicle which was operated with their permission are (names): Reymundo Ocampo Catano, an individual; and m Does _]_ to 20,4'ndnsj1e_ d.E The defendants who entrusted the motor vehicle are (names): Reymundo Ocampo Catano, an individual; and m Does _]_ to 20,imz]115jxe_ e.D The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): D Does - to f. m The defendants who are liable to plaintiffs for other reasons and the reasons for the liability areD listed in Attachment MV-2f D as follows: m Does _]_ to 20,4'ndnsj1e_ Page _5__ Page 1 of 1 FormA r0 ed forO t'onal Use . Code ofC' 'I Proced re 425.12 JudiciafipcOEncu ofcél'ifomia CAUSE 0F ACTION - Motor Vemcle 'VJVWW_caur“finf§.ca.gav PLD-PI-001(1) [Rev_ January 1, 2007] CEB' Essential Cabezudo , Raul H . nemm Em- PLD-PI-oo1(2) SHORT TITLE: CASE NUMBER: Raul H. Cabezudo, et al v. Karen Rosario Cedano Ulloa, et a1 First CAUSE OF ACTION- General Negligence PageL (number) ATTACHMENT Tom Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiffmame): Raul H. Cabezudo, an individual; Raul Gabriel Cabezudo, a minor, by and through his Guardian Ad Litem, Raul H. Cabezudo alleges that defendant (name): Karen Rosario Cedano Ulloa, an individual; Reymundo Ocampo Catano, an individual; and m Does _]_ to 2.0,.indnije. 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): March 2 3 , 2 O l 9 at (place): The collision occurred 0n US-101 N/B, south 0f Oakland Road, San Jose, CA 95112 (description of reasons forliability) : On 0r about March 23, 2019, Plaintiff Raul H. Cabezudo was traveling with Plaintifi Raul Gabriel Cabezudo, as a passenger, 011 US-101 in the city 0f San Jose, California, and came t0 a complete stop due t0 traflic ahead, when a vehicle owned by Defendant Reymundo Ocampo Catano, and driven by Defendant Karen Rosario Cedano Ulloa, traveling at a high rate 0f speed, caused a collision when Defendant Karen Rosario Cedano Ulloa failed t0 stop before colliding with the rear 0f Plaintiffs' vehicle, resulting in injuries and damages t0 all Plamfifis. Defendant Karen Rosario Cedano Ulloa, and DOES 1 to 20, inclusive, negligently operated her motor vehicle by, including but not limited t0, failing t0 keep a proper lookout for other vehicles, including Plaintiffs' vehicle. Defendant Karen Rosario Cedano Ulloa, and DOES 1 t0 20, inclusive, violated the applicable California Vehicle Code Section 223 50, by driving at an unsafe speed. That as a direct and proximate result 0fthe acts and omissions 0fthe Defendants, and DOES 1 t0 20, inclusive, Plamtifis have received severe injuries t0 their bodies and shock and injuries t0 their nervous systems, all ofwhich caused and continues t0 cause them severe pain and discomfort. Plaintiffs are infOHned and believe, and based upon such information and belief, allege that they will in the filture sufier severe mental, physical and nervous pain and suffering, all to their general damage in a sum according t0 proof at the time oftrial. As a direct and proximate result 0fthe acts and omissions 0fthe Defendants, and DOES 1 t0 20, inclusive, and the injuries resulting therefiom, Plaintiffs necessarily employed physicians and surgeons for medical examination, treatment, and care for these injuries, and incurred medical and incidental expenses. Plaintiffs will also have t0 incur additional like expenses in the future all in amounts presently unknown to them. Plaintiffs therefore ask leave of the court either t0 amend this complaint t0 show the amount 0ftheiI medical expenses, when asceITained, 0r t0 prove the amount at trial. California Rules 0f Court, Emergency Rule 9: Tolling statutes 0f limitations for civil causes 0f action. (a) Telling statutes 0f limitations over 180 days. Notwithstanding any other law, the statutes 0f limitations and repose for civil causes 0f action that exceed 180 days are tolled fiom April 6, 2020, until October 1, 2020. (b) Tolling statutes 0f limitations 0f 180 days 0r less. Notwithstanding any other law, the statutes 0f limitations and repose for civil causes 0f action that are 180 days or less are tolled fiom April 6, 2020, until August 3, 2020. Page 1 of1 Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of California E tial WMLcourtinfglcagov SSE“PLD-PI-oo1(2) [Rem January 1, 2007] CEB‘ cumin Em‘ Cabezudo, Raul H.
