Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 26, 2021FAX NO. (Op(ron 0. (8 1 8)545-3700 AQRNQY O|I PQT(IMtHO(T ATPRNEYgnegaffgupcdr, end eddreee) Daglian Law Group, APLC 701 N. 13rand Blvd., Suite 610 Glendale, CA 91203 TELEPHONE NO: (818)545-7700 E-MAIL ADDRESS (Opfronag. ATTQRNEY FQR (Name). PlaintilT Pedru MeZa RudrigueZ suPERioR couRT oF cAIJFoRFaA, couNTv oF Santa Clara sTREETADDREss'91 North First Street MAILINGADDREse 191 NOrth FirSt Street GITYANDzIPODDE'an Jose, 95113 BRANcH NAME: Downtown Superior Court PLAINTIFF: Pedro Meza Rodriguez PLD-Pl-001 DEFENDANT Thomas Williams Jr. and DG DoEs 1 To 25 COMPLAINT-Personal Injury, Property Damage, Wrongful Death~ AMENDED (Number)i Type (check all that apply)) gQ MOTOR VEHICLE ~ OTHER (specify):~ Property Damage ~Wrongful Death QQ Personal Injury ~ Other Damages (specify)T Jurisdiction (check all that apply)( CASE NUMBER' ACTION IS A LIMITED CIVIL CASE Amount demanded ~ does not exceed $10,000~ exceeds $10,000, but does not exceed $25,000 QQ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)~ ACTION IS RECLASSIFIED by this amended complaint~ from limited to unlimited~ from unlimited to limited plaintiff (name or names): Pedro Meza Rodriguez alleges causes of action against defendant (name or names): Thomas Williams Jr. and DOES 1 to 25 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 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 entiiy (descnbe): (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)) b. ~ except plaintiff (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): Form Approved for optional Uee JuCraal Council of Celifwnia PLD-PI-001 IRev.January l, 2007) COMPLAINT-Personal Injury, Property Damage, Wrongful Death ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 2 of 2 Code of Cml Procedure, Ii a20 12 www courenro ca gov E-FILED 3/26/2021 1:43 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381407 Reviewed By: M Vu 21CV381407 SHORT TITLE: Meza Rodriguez v. Williams Jr., et al. CASE NUMBER: PLD-Pl-001 4. ~ Plaintiff (neme): 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. ~ except defendant (nsme): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describ): c. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity(describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): b. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (descnbe): d. ~ exceptdefendant(name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): ~ 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. QQ Doe defendants (specify Doe numbers): l to 25 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. QQ Doe defendants (specify Doe numbers): l tO 25 are persons whose capacities are unknown to plaintiff. 7. ~ Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. ~ 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. QQ 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): POD-Pl-00f iRav. January f, 20071 COMPIAINT-Personal Injury, Property Damage, Wrongful Death Paga 2 ay 3 SHORT TITLE: Meza Rodriguez v. Williams Jr., et al. CASE NUMBER PLD-PI4)01 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. QQ Motor Vehicle b. I3Q General Negligence c. ~ Intentional Tort d. ~ Products Liability e. ~ Premises Liability f. ~ Other (specify): Plaintiff has suffered a. gQ wage loss b. ~ loss of use of property c. QQ hospital and medical expenses d. ~ general damage e. ~ property damage f. QQ loss of earning capacity g. QQ other damage (specify): Any and all other damages Plaintiff is entitled to by jaw. 12. ~ The damages claimed for wrongful death and the relationships of plaintIff to the deceased are a. ~ listed in Attachment 12. b. ~ asfollows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. 15. Plaintiff prays for judgrrent for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) QQ compensatory damages (2) ~ punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) QQ according to proof (2) ~ in the amount of: $~ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: March 26, 2021 Rachel C. Quimby, Esq. (TYPC OR PAINT NAMC) PCD-PI.001 [Rev. Jeeuefy 1, 3007I COMPLAINT-Personal Injury, Property Damage, Wrongful Death Pefse 3 of 3 SHORT TITLE: Meza Rodriguez v. Williams Jr., et al. CASE NUMSER'LD-Pl-001(1) FIRST CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT TO QU Complaint ~ Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name) Pedro Meza Rodriguez MV- t. 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) April 3, 2019 at (p»ce): Interstate 880 in Milpitas, CA 95035 MV- 2. DEFENDANTS a. gH The defendants who operated a motor vehicle are (names): Thomas Williams Jr. UU Does I to 25 b. CPU The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): DH Does 1 to 25 c. ~ The defendants who owned the motor vehicle which was operated with their permission are (names): Thomas Williams Jr. CK Does 1 to 25 d, QQ The defendants who entrusted the motor vehicle are (names): tulG Does I to 25 e. QQ The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Thomas Williams Jr. [3Q Does I to 25 f. ~ The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f ~ as follows: C3 Does to Page 4 Form Approved for Optional Uae Judimal Counci of Catfornra PLO-Pl-001 (1) [Rev. January 1, 200rl CAUSE OF ACTION-Motor Vehicle Page 1 of 1 CodeofCwti Procedure42012 www coudinfo ca pc v SHORT TITLE: Meza Rodriguez v. Williams Jr., et al. CASE NUMBER'LD-PI-001(2) SECOND CAUSE OF ACTION-General NegligenCe Page 5 (number) ATTACHMENT TO QE Complaint ~ Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Pedro Meza Rodriguez alleges that defendant (name): Thomas Williams Jr. and DU Does 1 to 25 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): April 3, 2019 at (piece): Interstate 880 in Milpitas, CA 95035 (description of reasons for liability): On or about April 3, 2019, Plaintiff Pedro Meza Rodriguez was traveling on Interstate 880 in the city of Milpitas, California when Defendant Thomas Williams Jr. failed to maintain a safe distance and failed to stop, rear ending Plaintiff. On or about the date and place specified above, Defendant so negligently, carelessly, recklessly, and/or unlawfully entrusted, managed, drove, and operated his vehicle so as to proximately cause it to collide with Plaintiffs vehicle and to proximately cause the injuries and damages described hereinafter sustained by Plaintiff. As a proximate result of the negligence, carelessness, recklessness, and/or unlawfulness of the defendant and the resulting collision as previously alleged, Plaintiff was injured in Plaintiffs health, strength, and activity, sustained injury to the body and shock and injury to the nervous system and person, sustained personal injuries, all of which have caused and continue to cause Plaintiff great mental, physical, and nervous pain and suffering. These injuries may result in some permanent disability to Plaintiff, all to Plaintiffs general damage. Form Approved fo Cpn I U Judraal Counal of Calrfomia PEC-PI.00112)iRev.January 1,2007l CAUSE OF ACTION-General Negligence Page 1 of 1 C d of Cwf Procedure 425.12 www couranfaca gov
