Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 26, 2021PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and address): --Sawsan Mansour Esq. SBN 273320 BANAFSHEH DANESH & JAVI D , PC 9701 Wilshire Blvd. 12th Floor Beverly Hills, California 90212 TELEPHONEN0.: (310) 8 8 7-18 18 FAXNo.(0puonaz): (310) 887-1880 E-MAIL ADDRESS (Optional): S sm@bhat tOrneyS . Com ArrORNEY FOR (Name): P la in i t f f SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS; 191 North First St . MAILINGADDRESS: 191 North First St . CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF: Brandy Acevedo, an individual DEFENDANT: Gloria Tzou, an individual; and fl DOES 1 TO 70, inc] usi ve COMPLAINT-Personal Injury, Property Damage, Wrongful DeathD AMENDED (Number): Type (check all that apply):m MOTOR VEHICLE D OTHER (specify):m Property Damage D Wrongful Deathm Personal Injury D Other Damages (specify): FOR COURT USE ONLY E-FILED 3/26/2021 9:28 AM Clerk of Court Superior Court of CA, County of Santa Clara 21 CV381 333 Reviewed By: D Harris Jurisdiction (check all that apply):D ACTION IS A LIMITED CIVIL CASE Amount demanded D does not exceed $1 0,000D exceeds $10,000, 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: 21 CV381 333 1. Plaintiff(nameornames): Brandy Acevedo, an individual alleges causes of action againstdefendant (name or names): Glori a T zou , DOES 1-20, inclusive N 3. Each plaintiff named above is a competent adult a. 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 an individual; and This pleading, including attachments and exhibits. consists of the following number of pages: 4 (a)D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)a other (specify): (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 (describe): (4)D a minor D 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. Form Approved for Optional Use _ . Judicial Council of California CEB EssenflalPLD-Pwm [Rem January 1- 20°71 “hm, grams Damage, Wrongful Death COMPLAINT-Personal Injury, Property Page 1 of 3 Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov Acevedo, Brandy PLD-PI-001 SHORT TITLE: Acevedo v. Tzou CASE NUMBER: 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): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity(descn'be): (4) D a public entity (describe).- (5) D other (specify): b. D except defendant (name): (1) D a business organization, form unknown (2) D a corporation (3) a an unincorporated entity (descn'be): (4) D a public entity (describe): (5) D other (specify): c. D except defendant(name): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity(describe): (5) D other (specify): d. D except defendant (name): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe): (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): l r o 7 0 , inclusive were the agents or emponees of other named defendants and acted within the scope of that agency or employment. b. m Doe defendants (specify Doe numbers): 1 1- o 9 0 , j nclus ive 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 (specify): PLD-PI-001 [Rev. January 1. 2007] CEB‘ Essential oeb.com Em COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 2 of 3 Acevedo, Brandy PLD-PI-001 SHORT TITLE: CASE NUMBER: Acevedo V. Tzou 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 Negligencea lntentionai TortD Products LiabilityD Premises LiabilityD Other (specify) : $509.0st 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. ‘pfiwgosrsv listed in Attachment 12.DD as follows: 12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. b. 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 forpersonal 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): Dme March 25, 2021 Sausan Manqour, qu ’ @M/m- '(TYPE OR PRINT NAME) / MGNATURE OF PLAINTIFF OR ATTORNEY) Pummm [Rev‘ January 1. zoon COMPLAINT-Personal Injury, Property page a or a Egg 555$ Damage, Wrongful Death Acevedo, Brandy PLD-Pl-001 (2) SHORT TITLE: CASE NUMBER: Acevedo v. Tzou First CAUSE OF ACTION- General Negligence Page __A._ (number) ATTACHMENT TOm Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1.Plaintiff(name): Brandy Acevedo, an individual allegesthatdefendant(name): Gloria Tzou, an individual; and DOES 1-20, inclusive m Does _]_ to 20,.inclnsixe_ 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): September 29, 2018 at (place): The collision occurred on Saratoga Avenue and Bucknall Road, Saratoga, CA 95070 (description of reasons for liability) : On or about September 29, 201 8, Plaintiff Brandy Acevedo was traveling northbound on Saratoga Avenue in the city of Saratoga, California, and came to a stop due to traffic ahead, when a vehicle owned and driven by Defendant Gloria Tzou, traveling at a high rate of speed, caused a collision when Defendant Gloria Tzou failed to stop before colliding with the rear of Plaintiff's vehicle, resulting in injuries and damages to Plaintiff. Defendant Gloria Tzou, and DOES 1 to 20, inclusive, negligently operated her motor vehicle by, including but not limited to, failing to keep a proper lookout for other vehicles, including Plaintifi‘s vehicle. Defendant Gloria Tzou, and DOES l to 20, inclusive, violated the applicable California Vehicle Code Section 22350, by driving at an unsafe speed. As a direct and proximate result ofthe acts and omissions ofthe Defendant, and DOES l to 20, inclusive, Plaintiff received severe injuries to her body and shock and inj uries to her nervous system, all of which caused and continue to cause her severe pain and discomfort, and Plaintiff is informed and believes, and based upon such information and belief, alleges that she will in the future suffer severe mental, physical and nervous pain and suffering, all to her general damage in a sum according to proof at the time of trial. As a direct and proximate result of the acts and omissions of the Defendant, and DOES l to 20, inclusive, and the injuries resulting therefrom, Plaintiff necessarily employed physicians and surgeons for medical examinations, treatment, and care for these injuries, and incurred medical and incidental expenses. Plaintiff will also have to incur additional like expenses in the future, all in amounts presently unknown to her. Plaintiff therefore asks leave of the court either to amend this complaint to show the amount of her medical expenses, when ascertained, or to prove that amount at trial. California Rules of Court, Emergency Rule 9: Tolling statutes of limitations for civil causes of action. (a) Tolling statutes of limitations over 180 days. Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2020, until October 1, 2020. (b) Tolling statutes of limitations of 180 days or less. Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that are 180 days or less are tolled fiom April 6, 2020, until August 3, 2020. Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION- Genera| Negligence Code of Civil Procedure 425.12 Judicial Council of California . I www.couninfo.ca.govPLD-Pmouz) [Rev. January 1, 2007] CEB Essentlalr; . cebxom j:J_F_°r_m§ Acevedo, Brandy PLD-Pl-001 (1) SHORTTWLE CASENUMBER Acevedo v. Tzou Second CAUSE OF ACTION- Motor Vehicle (number) ATrACHMENT Tom Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) Pmmmummwarandy Acevedo, an individual 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): September 29, 2018 at(place): The collision occurred on Saratoga Avenue and Buchnell Road in Saratoga, California 95070 MV-2. DEFENDANTS a.m The defendants who operated a motor vehicle are (names): Gloria Tzou, an individual; and m Does L to ZMncIusixe 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): Gloria Tzou, an individual; and m Does J- to 20,.innh15jxe. d.D The defendants who entrusted the motor vehicle are (names): D Does ._ to 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 J_- to 204mm. Page j- Page 1 of 1 F A df Ol' IU . Cd fC"|P d 425.12 fJé'i‘cia‘ipéSEficn‘L'fcgl'imia se CAUSE 0F ACTION - Motor Vehucle ° ° ° 'Vmgufiffiécagov PLD-Pl-001(1) [Rev. January 1. 2007] CI'B' Essential Acevedo , BrandyL = Forms-ceb.¢om 1.2-...-
