Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 25, 2021

PLD-Pl-001 ATI'ORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and addmss): Noel D. Hibbard SBN 226425 2099 Lincoln Ave Ste 202 San Jose, CA 95125 FOR COURT USE ONLY Electronically filed by Superior Court of CA, TELEPHONE No: 408-294-9100 FAx No. (Optional): 408-645-6727 Cou nty 0f Santa C|ara’ E'W'L::::::SP:°“"= a????aiizrzzzm on 3/25/2021 4:1 7 PMArr : airll , . .( m’ ReVIewed By:D HarrisSUPERIOR COURT 0F CALIFORNIA, COUNTY oF Santa cnara 1 V38 1 327STREET ADDREss: 191 N. First Street case #2 C MAILING ADDRESS: EnV #61 1 391 O CITY AND ZIP CODE: San Jose. CA 95113 BRANCH NAME: PLAINTIFF: Sharon Neeley DEFENDANT; Pedro Pablo Lucero, Ferdy Antonio Pan, Edy Lucero Patma &E DOES 1 To 20 COMPLAINT-Personal Injury, Property Damage, Wrongful Death CASE NUMBER:E AMENDED (Number): Type (check all that apply): 2 1 CV38 1 327E MOTOR VEHICLE E OTHER (specify):E Property Damage E Wrongful Death I s I Personallnjury I I Other Damages (specifl): Jurisdiction (check all that apply):E ACTION IS A LIMITED CIVIL CASE Amount demanded ‘_‘ does not exceed $10,000- exceeds $10,000, but does not exceed $25,000E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by this amended complaintE from limited to unlimitedE from unlimited to limited 1. Plaintiff (name or names): Sharon Neeley alleges causes of action against defendant (name or names): Pedro Pablo Lucero. Ferdy Antonio Pan, Edy Lucero Palma & DOES 1-20 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. E except plaintiff (name): (1)E a corporation qualified to do business in California (2)D an unincorporated entity (describe): (3)E a public entity (describe): (4)E a minor D 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)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 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 tor Optional Use COMPLAINT-Personal Injury, Property Code or Civil Procedure. § 425.12 Judicial Council of California www.couns.ca.gov PLo-pl-om [Rem January 1, 2007] Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: Neeley v. Lucero, et al CASE NUMBER: 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. 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(speci0/): b. 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(specitj/): c. 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): d. E except defendant(name): (1)E a business organization, form unknown (2)E a corporation (3)D an unincorporated entity (describe): (4)D a public entity (describe): (5)E other(specifil): 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. E Doe defendants (specify Doe numbers): 1-20 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. E Doe defendants (specify Doe numbers): 1-20 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. E injury to person or damage to personal property occurred in its jurisdictional area. d. D other (specify): 9. E Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. E is excused from complying because (specify): PLo-PI-om [Rev.January1.2oon COMPLAINT-Personal Injury, Property Pagazofa Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: 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): . E MotorVehicle b. E General Negligence . E IntentionalTon . E Products Liability . E Premises LiabilityE Otherfspecifir): fl) 500.0 11. Plaintiff has suffered a. E wage loss b. E loss of use of property . E hospitaland medicalexpenses . E generaldamage . E property damageE loss of earning capacity . E otherdamage (special): Prejudgment Interest; Emotional Distress Dflmafl '12.E The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. D listed in Attachment 12. b. E as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays forjudgrnent for costs of suit: for such relief as is fair, just, and equitable: and for a. (1)E compensatory damages (2)E punitive damages The amou nt of damages is (in cases forpersona! injury or wrongful death, you must check (1)): (1)E according to proof (2)E in the amount of: $ 15. EThe paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: March 24, 2021 / .fNoel D. Hibbard / (TYPE 0R PRINT NAME) (SIGNATURE 0F PLAM’IFF 0R ATrORNEY) PLD-PI-om [Rev..1anuary1,2oor] COMPLAINT-Personal Injury, Property Pageants Damage, Wrongful Death Print this form i I Save t_his fora) i PLD.PI.oo1(1) SHORT TITLE: CASE NUMBER: Neeiey v. Lucero. et al ONE CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT T0E CompiaintE Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): SHARON NEELEY MV- 1.P|aintiff 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); 416/2019 at (place): Los Altos. CA MV- 2. DEFENDANTS a. E The defendants who operated a motor vehicle are (names): Pedro Pablo Lucero & E Does 1 to 20 b. E The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): E Does 1 to 20 c. E The defendants who owned the motor vehicle which was operated with their permission are (names): Ferdy Antonio Pan, Edy Lucero Palma & E Does 1 to 20 d. E The defendants who entrusted the motor vehicle are (names): E Does 1 to 20 9- E The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): E Does 1 to 20 f. E The defendants who are liable to plaintiffs for other reasons and the reasons for the liability areD listed in Attachment MV-2f E as follows: E Does 1 to 20 Page 4 Page1 0H Form Approvedforomionai Use - C d ofC’ ‘I P d ra 425.12 Judicial Council of Calilornia CAUSE 0F ACT[0N_M°t°r vehICIe o e vawvtfiosrlsfiagov PLD-PI~DO1(1) [Ram January 1. 2007] «Far: Ouf’prgte‘cflozryiva'n'd? n ‘ ‘ orm,bqtt9n_‘ Print this form I | Save this form I