Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 26, 2021PLD-Pl-001 ATTORNEY DR PARTY WITHOUT ATTORNEY (Name. Slate Bar number, and address): FOR COURT USE ONLY -Owili K. Eison, Esq. [SBN 271802] E-FILED BANAFSHEH DANESH & JAVID, pc 3/26/2021 11:21 AM 9701 Wilshire Blvd: 12th Floor Clerk 0f Court Beverly H11 ls , Callfornia 9 02 12 Superior Court Of CA, TELEPHONENQ: (310) 887-1818 FAXNOJOpn'onaI): (310) 887-1880 C t fS t CI E-MAJL ADDRESS (ombnau: Oe@bhatt0rneys . com oun y O an a ara ATTORNEV FOR (Name).- Plaint i f f 21 CV381 337 SUPERIOR counT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Reviewed By: D Harris STREETADDRESS: l 9 l North Firs t S t . MA1LING ADDRESS: l 9 l North Fi I‘S t S t . CITYANDZIPCODE: San Jose, CA 95113 SHANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF: Jesus A . Lopez , an individual DEFENDANT: Western National Contractors; John Doe, an individual; andm DOESlTOQO inh'lnsivp COMPLAINT-Personal Injury, Property Damage, Wrongful DeathD AMENDED (Number): Type (check all that apply):D MOTOR VEHICLE m OTHER (specify): General NegligenceD Property Damage D Wrongful Deathm Personal Injury D Other Damages (specify): Jurisdiction (check a” that apply): CASE NUMBER:D ACTION Is A LIMITED CIVIL CASE Amount demanded D does not exceed $10,000 21 CV381 337D exceeds $10,000, but dues 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 1. Plaintiff (name ornames): Jesus A. Lopez, an individual alleges causes of action againstdefendant (name or names): We stern Nat ional Contractors ; John Doe, an individual; and DOES 2 to 20, inclusive 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. 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 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): 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 for whom a guardian or conservator of the estate or a guardian ad Iitem has been appointed (b)D other (specify): (5)D other (specify): D Information about additional piaintiffs who are not competent adults is shown in Attachment 3. Page 1 of3 F A ed! o ' IU - ‘ P&Efiififincfl?cgfifggiigozen CEB' Eagential COMPDLAINT Pasonalf'TJBry’tErOPerty cm o'cmm‘greringafasfg‘fv - - ev. anuary . g orms' amage I'Oflg U eamm . _ ' Lopez, Jesus A. PLD-PI-001 SHORT TITLE: CASE NUMBER: Jesus A. Lopez v. Western National Contractors, et al 4. D Piaintifi (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. m except defendant (name): c. D except defendant (name): Western National Contractors (1) D a business organization, form unknown (1) D a business organization, form unknown (2) m a corporation (2) D a corporation (3) D an unincorporated entity (descn'be): (3) D an unincorporated entity (descn'be): (4) D a public entity (describe): (4) D a pubiic 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 otherfspecify): 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 (specffi/ Doe numbers): 7 tn 9 0 _. 1‘ rm] n cu' vs: 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): 9 1-0 90 , 1' nM um’ 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 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‘PW‘ IRE“ Jamar“- 2007! COMPLAINT-Personal Injury, Property pagezm ' Essa tia! 93E g@_ Damage, Wrongful Death Lope z r Je Bus A . PLD-PI-001 SHORT TiTLE: CASE NUMBER: Jesus A. Lopez v. Western National Contractors, et al 10. The following causes of action are attached and the statements above apply to each (each complaint must have one ormore causes of action attached):a Motor Vehicle General NegligenceD intentional TortD Products LiabilityD Premises LiabilityD Other (specify) : rhsvr-Iosrsn 11. Plaintiff has sufferedm wage lossD loss of use of propertym hospital and medical expensesm general damageD property damagem loss of earning capacitym other damage (Specify) : For such other relief that the Court finds just and proper. sorwbtaprsrsv Thedamages claimed for wrongful death and the relationships of plaintiff to the deceased areD listed In Attachment 12.D as follows: 12. D 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 for persona! 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 alieged on information and belief are as follows (Specify paragraph numbers): Date: March 23, 2021 OwHi K. Rmon, Esq. } OMK (21”?{TYPE 0R PRINT NAME] (SIGNATURE OF PLAINTIFF 0R ATFORNEY) PLD Pmm [Rev January1,2oo7] COMPLAINT-Personal Injury, Property Pa9e3of3 Damage Wrongful Death Lopez, Jesus A. PLD-PI-oo1(2) SHORT TITLE: CASE NUMBER: Jesus A. Lopez v. Western National Contractors, et al First CAUSE OF ACTION- General Negligence Page _4_ (number) ATrACHMENT To Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1.Plaintiff(name): Jesus A. Lopez, an individual allegesthatdefendant (name): Western National Contractors; John Doe, an individual; and W Does l to 2!), inclusmcL' 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): October 29 , 2 018 at (place): The incident occurred at a private property located at 3320 Montgomery Dr., Santa Clara CA 95054 (description of reasons for liability) : On 0r about October 29, 2018, Plaintiff Jesus A. Lopez sustained severe burns, amongst other injuries, when he was electrocuted due to a wiring system being suddenly, unexpectedly and or/negligently turned on by Defendant John Doe, and DOES 2 t0 20, while performing electrical repairs at the subject property, resulting in substantial injuries and damages to Plaintiff. At all times herein mentioned, Defendant Western National Contractors' employees, and/or agents and/or contractors, includiing Defendant John Doe, and DOES 2 to 20, inclusive, were acting in the course and scope 0f their employment, agency, joint enterprise, and/or independent contractor relationship with Defendant Western National Contractors, and DOES 2 to 20, so that Defendants are vicariously liable for the negligence 0f one another. At all times herein mentioned, Defendant Western National Contractors, and DOES 2 t0 20, negligently hired, trained, supervised, managed and/or controlled Defendant John Doe, employees and/or agents and/or contractors, and DOES 2 t0 20, inclusive, and allowed its employees and/or agents and/or contractors, DOES 2 t0 20, inclusive, to cause Plaintiff Jesus A. Lopez t0 be electrocuted and suffer severe injuries. At all times herein mentioned, Defendant Western National Contractors, and DOES 2 t0 20, inclusive, failed to adequately train, supervise, and/or monitor its employees and/or agents and/or contractors, including Defendant John Doe. That as a direct and proximate result 0f the acts and omissions of the Defendants, and DOES 2 to 20, inclusive, Plaintiff has received severe injuries t0 his body and shock and injuries to his nervous system, all of which caused and continues t0 cause him severe pain and discomfort, and Plaintiff is informed and believes and based upon such information and belief alleges that he will in the future suffer severe mental, physical and nervous pain and suffering, all to his general damage in a sum according t0 proof at the time of trial. As a direct and proximate result 0f the acts and omissions of the Defendants, and DOES 2 t0 20, inclusive, and the injuries resulting therefrom, Plaintiff necessarily employed physicians and surgeons for medical examination, treatment, and care for these injuries, and incurred medical and incidental expenses. Plaintiff will also have t0 incur additional like expenses in the future all in amounts presently unknown to him. Plaintiff therefore asks leave 0f the court either to amend this complaint t0 show the amount 0f his medical expenses, when ascertained, or to prove the amount at trial. Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION' General Negligence Code of Civil Procedure 425.12 Judicial Council of California . _ www.couninfo.ca.gov PLD-PI-oo1 (2) [Rem January 1, 2007] C-EB Essentlal cencom EM“ Lopez, Jesus A.
