Complaint Unlimited Fee Applies

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): - John V. Mejia, Esq. 167806 SCRANTON LAW FIRN 2450 STANWELL DRIVE CONCORD, CA 94520 TELEPHONE NO.. ( 925 ) 602-2727 FANNO(Optional). ( 925) 676-9999 E MAILADDREss (optional)t j ohnmgscrantonlawf irm. corn ATTDRNEYFCR(Name). Plaill'tif f Davicl Linares SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara sTREETADDREss'91 North First Street MAILING ADDRESS cITYANDzlpcoDE. San Jose, CA 95113 BRANGH NAME. Unlimited Civil Jurisdiction PLAINTIFF: David Linares aka Carlos David Linares Farreras DEFENDANT: Nathan Daniel Kalinowski; and FOR COURT USE ONLY PL D-Pl-001 (jLjj DQES 1 To 50 COMPLAINT-Personal Injury, Property Damage, Wrongful Death~ AMENDED (Number)) Type (check all that apply): [Q MOTOR VEHICLE ~ OTHER (specify)( tdLjj property Damage ~ Wrongful Death~ Personal Injury ~ Other Damages (specify)( Jurisdiction (check a/I that apply))~ ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000~ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint C3 from limited to unlimited C3 from unlimited to limited CASE NUMBER 1. Plaintiff (name ornames): David Linares aka Carlos David Linares Farreras alleges causes of action againstdefendant(name ornames): Nathan Daniel Kalinowski) and Does 1 to 50 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. Each plaintiff named above is a competent adult a. ~ except plaintiff(name): (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (desctfhe): (3) ~ a public entity (descn'be): (4) ~ a minor ~ an adult (a) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) ~ other (specify)( (5) ~ other (specify): b. ~ exceptplaintiff(name)( (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe)( (3) ~ a public entity (describe)( (4) ~ a minor ~ an adult (a) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) ~ other (specify)( (5) ~ other (specify)( ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use Judiaal Council of California CL~ft'SSential PLD.PI.001 IRev January 1. 200)I ~, r|FOrmacascom COMPLAINT-Personal Injury, PropertyDamage, Wrongful Death Code of Civil Procedure, 0 C25.12www coun) nfo. ca.govKalinowski E-FILED 3/25/2021 5:52 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381329 Reviewed By: D Harris 21CV381329 SHORT TITLE; Linares v. Kalinowski 4. ~ Plaintiff (name): is doing business under the fictitious name (specify): CASE NUMBER PLD-PI-001 and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. ~ except defendant (neme): c. ~ except defendant (name)r (1) ~ a business organization, form unknown (2) Cl a corporation (3) ~ an unincorporated entity (describe): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (descnbe): (5) ~ other (specify): (4) ~ a pubkc entity(descnbe): (5) ~ other (specify): b. ~ exceptdefendant(neme): d. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe) (5) ~ other (specify)r (4) ~ a public entity (describe): (5) ~ other (specify): C3 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. ~ Doe defendants (specify Doe numbers): l - & R 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): P 6-Rf) are persons whose capacities are unknown to plaintiff. 7. ~ Defendants who are joined under Code of Civil Procedure section 382 are (nemes): 8. This court is the proper court because a. QLjj at least one defendant now resides in its jurisdictional area, b. ~ the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. ~ injury to person or damage to personal property occurred in its jurisdictional area. d ~ other (specify); 9. ~ Plaintiff is required to comply with a claims statute, and a. ~ has complied with applicable claims statutes, or b. ~ is excused from complying because (specify): PLC-P1.003 lRav. January 3, 2002) ( zcg'ssential aae.aaM PgFOrma COINPLAINT-Personal Injury, Property Damage, Wrongful Death Linazes v. Kalinowski Paga 2 af 3 SHORT TITLE: Linares v. Kalinowski CASE NUMBER; PLD-Pl-001 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): a. ~ Motor Vehicle b. ~ General Negligence c, ~ Intentional Tort d. ~ Products Liability e. ~ Premises Liability f. ~ Other (specify): 11. Plaintiff has suffered a. ~ wage loss b. ~ loss ofuseofproperty c, (jism hospital and medical expenses d. ~ general damage e. (jrsj property damage f. ~ loss of earning capacity g. ~ other damage (specify): 12. ~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. ~ listed in Attachment 12. b. ~ as follows; 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) ~ compensatory damages (2) ~ punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) ~ according to proof (2) ~ in the amount of: $ 15. ~ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): 1-15, MV-1, MV-2 TrTIIN V IYIR,TT TL . F RPT (TYPE OR PRlNT NAME) PLC-PN001IRev Jaauafyf,2007I ( ~&[3'ssential aesaam P3FOrma'OMPLAINT-Personal IDamage, Wrongfu Page 3 af 3 Kalinowski SHORT TITLE: Linares v. Kalinowski CASE NUMBER: PLD-PI-001(1) FT RR'7 tnumberl CAUSE OF ACTION- Motor Vehicle ATTACHMENT TO Qg Complaint ~ Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff(name): David Linares aka Carlos David Linares Farreras 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): or about July 22), 2020 at(p/ace): or about Northbound U. S. 101, near the Embarcadero Road exit, in the City of Palo Alto, County of Santa Clara, State of California. MV-2. DEFENDANTS a. ~ The defendants who operated a motor vehicle are (names): Nat:han Daniel Kalinowski; and ~ Does 1 to Rn b. ~ The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): ~ Does 1 to Rn c. ~ The defendants who owned the motor vehicle which was operated with their permission are(names): Nathan Daniel Kalinowski; and IQ Does 1 to Rn d. ~ The defendants who entrusted the motor vehicle are(names): ~ Does 'I to Sn e. ~ The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): ~ Does 1 to Sn f. ~ The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are~ listed in Attachment MV-2f (Q as follows: ~ Does 'I Form Approved for Optional Uee Judicial Council of California PLC-PI.001(1)lnev. January 1, 2007] C~cg'ssential ceb,com,a Forms- to Sn CAUSE OF ACTION - Motor Vehicle Page 0 Pllge 1 Of 1 Code of Civil Procedure 5 425.12 Ivivw,cotafalfo.ce.gcv Linares v. Kalinowski