Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 25, 2021I Jessie Serna, SBN 90912 1585 The Alameda, Suite 100 San Jose, CA 95126 3 Telephone (408) 294-9002 Facsimile (408) 294-5827 4 Attorney for Plaintiff Roy Rocha 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 10 ROY ROCHA, 12 13 PLAINTIFF, 14 JESSE HERRERA AND DOES I THROUGH 100, INCLUSIVE, 15 CASK NO: COMPLAINT FOR PERSONAL INJURY 16 17 DEFENDANTS. UNLIMITED JURSIDICTION Demand Exceeds $25,000.00 18 COMES NOW THE PLAINTIFF who allege against the Defendants the following: 19 NEGLIGENCE 20 21 1. The true names or capacities, whether individual, corporate, associate, or otherwise, of Defendants Does I through 100, are unknown to Plaintiff, who therefore sues said 23 Defendants by such fictitious names. Plaintiff is informed, believe and thereon alleges that 24 each of the Defendants designated herein as a DOE are negligently responsible in some manner 25 for the events and happenings herein referred to, and negligently caused injury and damages 26 to the Plaintiff alleged herein, and that each Defendant was acting within the scope of agency 27 and or employment of each and every other Defendant. 78 E-FILED 3/25/2021 12:57 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381130 Reviewed By: V. Taylor 21CV381130 2. Plaintiff alleges that the incident occurred on Meridian Avenue and San Carlos Street, in the city of San Jose and Santa Clara County. 3 3. Plaintiff is informed and believes and thereupon alleges that at all times herein stated, 4 Defendants JESSE HERRERA and Does 1 through 5 was the driver of a vehicle, 5 which caused the injuries to the Plaintiff as alleged herein. Plaintiff is informed and believes and 6 based thereon allege that at all times material herein, Defendants JESSE HERRERA 7 and DOES 6 through 10 is the owner of said vehicle mentioned herein which caused said injury 8 9 to Plaintiffs as alleged herein. 10 4. At all times here mentioned, each of the Defendants were at all times agents and/or 11 employees of each other Defendants and were acting within the purpose and scope of said agency and/or employment. 13 5. At all times here mentioned Meridian Avenue and San Carlos Street is located in the 14 city of San Jose, State of California. 15 6. On April 25, 2019, Plaintiff Roy Rocha was a pedestrian crossing the street on a green 16 1 7 light on San Carlos Street and Meridian Avenue when suddenly Defendant driver Jesse Herrera 1 g made a right turn on to Meriden Avenue and struck Plaintiff Roy Rocha as he was crossing the 19 street. Defendant driver Jesse Herrera caused this collision by failing to yield to Plaintiff Roy Rocha a pedestrian as he was crossing the street on a crosswalk. 21 7. At said time and place, the Defendants, and each of them, so negligently entrusted, 22 managed, tnaintained, drove and operated their vehicle so as to proximately cause a collision 23 with the pedestrian Plaintiff ROY ROCHA and thereby causing the hereinafter described injuries 24 and damages to Plaintiff ROY ROCHA. 26 8. As approximate cause of said negligence of the Defendants, and each of them, Plaintiff was hurt and injured in his health, strength and activity, sustaining serious injuries 28 and person all of which have caused and continue to cause Plaintiff great mental, physical and I nervous pain and suffering. Plaintiff is informed and believes and thereon alleges, that said 2 injuries will result in some pertnanent disability to Plaintiff, all to Plaintiff general damages as 3 prayed for herein. 4 5 WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, 6 as follows: 7 1. For general damages according to proof; 8 2. For damages where permitted by law; 10 3. For costs of suit incurred herein; 4. For such other and further relief as the Court may deem just and proper 12 Date: March 25, 2021 13 14 Q JESSE SERNA Att~ry for Plaintiff Roy Rocha 15 16 17 18 19 20 21 22 23 24 25 26 27
