Complaint Unlimited Fee Applies

Cal. Super. - 6th Dist.March 26, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. S rafa Bar number and addlaaail Zhiming Wang, ESQ(SBN 288890) PACIFIC COAST TRIAL LAW FIRM, APC 7380 Clairemont Mesa Blvd, Suite 200 San Diego, CA 92111 TELEPHONE NO'(858) 952-1 901 FAX NO. ((ndanen. EAJAIL ACCREGB(odf~ninfo@pacificlawoffice,corn AIToRNEY mR((d~):Plaint)(( PING Llu SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA BTREET AOCREss.1 91 North First Street MAILING ACOREBs:1 91 North First Street cITYANozlpcooESan Jose, CA 951 13 BRANOHNAME'Downtown Superior Court (DTS) PLAINTIFFPING LIU PLD-PI-001 FOR COURT USE ONLY OEFENOANT:ISAIAH PEOPLES QO DOES I TO 50 COMPLAINT-Personal Injury, Property Damage, Wrongful Death~ AMENDED (Number)( Type (check all that apply)( [g] MOTOR VEHICLE ~ OTHER (specify): 5 Property Damage ~ Wrongful DeathPersonal Injury ~ Other Damages (specify)( Jurisdiction (check all 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~ from limited to unlimited~ from unlimited to limited 1. Plaintiff (name or names)(PING Llu alleges causes of action against defendant (name or names): ISAIAH PEOPLES AND DOES 1 to 50 CASE NUMBER. 2, This pleading, including attachments and exhibits, consists of the following number of pages: 8 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 (describe)( (3) ~ a public entity (describe): (4) ~ a minor ~ an adult (a) D 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 (descrihe)( (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): Farm Approved for Optwml Uae Judnlal Cmmdl of c&afoftl & FLOPI401 law. January I, 2007) COMPLAINT-Personal Injury, Property Damage, Wrongful Death ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. PMW t of 2 Code ot Clva Pronedum, 0 420.I2 m ~.n dov www.access(aw.corn Electronically filed by Superior Court of CA, County of Santa Clara, on 3/26/2021 7:24 PM Reviewed By:M Vu Case #21CV381410 Env #6123896 21CV381410 PLD-PI@01 SHORT TiTLE: CASE NUMBER: LIU v. PEOPLES 4. ~ 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. ~ except defendant (name): (1) ~ a business organization, form unknown (2) ~ a corporation (3) ~ an unincorporated entity (describe): c. ~ except defendant (nams): (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 (dsscnbe): (4) ~ a public entity (describe): (5) ~ other (specify): d ~ 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)i ~ Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff. a. ~ Doe defendants (specify Doe numbers): 1-10 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): 11-50 are persons whose capacities are unknown to plaintiff.~ 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. (Afrj 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 daims statutes, or b. ~ is excused from complying because (specify): PLO-PMfsf tasv. Jensen 1, 2007t COMPLAINT-Personal Injury, Property Damage, Wrongful Death Peso 0 of 3 SHORT TITLE: LIU v. PEOPLES CASE NUMBER: PLD-PI401 10. The following causes of action are attached and the statements above apply to each (each comp/a/nt musi have one or more causes of action airachsdj: a. ~ Motor Vehicle b General Negligence c. Intentional Tort d. ~ Products Liability e. ~ Premises Liability f. [g] other (specify/: Hit and Run 11. Plaintiff hss suffered a. [gj wage loss b. ~ loss of use of property c. hospital and medical expenses d. general damage e. property damage f. loss of earning capacity g. other damage (specify/) Future medical expenses, interest as provided by law, costs and other damages provided by law that may be awarded by the court. 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 /or personal injury or wrongful death, you must check (1)j: (1) IA/yj 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): Date93/26/2021 Zhiming Wang, Esq. )TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLOPIO01 )Rev January 1, 2007) COMPLAINT-Personal Injury, Property Damage, Wrongful Death PEEP 3 Df 3 Print this Form ! To keep other people from seeing what you entered on your form, please press the Clear ski C k ddvus 0 dk A Sdku Svupe k 0'aickvvvd PLD-Pl&01(1) SHORT TITLE: LIU v. PEOPLES CASE NUMBER: FIRST CAUSE OF ACTION-Motor Vehicle (numberj ATTACHMENT TO [Z] Complaint ~ Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): PING LIU MV- 1. Plainbff 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 23, 2019 at (place): In a crosswalk located at Sunnyvaje/Saratoga Road and El Camino Real in Sunnyvale, CA. MV- 2. DEFENDANTS a, ~ The defendants who operated a motor vehide are (names): ISAIAH PEOPLES AND IaFj Does 21 to 25 b. [Zj The defendants who employed the persons who operated a motor vehide in the course of their employment are (names): ISAIAH PEOPLES AND [Zl Does 26 to 30 c. [Xl The defendants who owned the motor vehide which was operated 100th their permission are (names): ISAIAH PEOPLES AND [Z] Does 31 to 35 d. ~ The defendants who entrusted the motor vehide are (names): ISAIAH PEOPLES AND Does 36 to 40 e. [Z] The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): ISAIAH PEOPLES AND [Z] Does 41 to 45 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: For Currently unknown reasons: ISAIAH PEOPLES AND GZl Does 46 to 50 Page 4 Fou App w d fwopsos lu&o tuduol Cousdl of Csulo 0 PLCFI401 n) Sfuv. Jssusfr 1, 2002t CAUSE OF ACTION-Motor Vehicle Pssu 1 of 1 Cod NCivdPr ~ur 120.12 suvuoullul 0 os puv For your protection and privacy, please ~ fSave This Form j ( Print This Form ) ) Clear This Form I SHORT TITLE: LIU v. PEOPLES CASE NUMBER: PLD-PI401(2) sEcoND CAUSE OF ACTION-General Negligence Page 5 (number) ATTACHMENT TCr [jjQ Complaint ~ Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-t. Plaintiff (name/2 PING LIU alleges that defendant (name/JISAIAH PEOPLES gQ Does 1 to 50 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to sct, defendant negligently caused the damage to plaintiff on (date)April 23, 2019 at (place/:In the crosswalk of Sunnyvale/Saratoga Road and El Camino Real in Sunnyvale, CA. (description of reasons for liability/: Defendant, and each of them, so negligently owned, operated, entrusted, supervised, cared for, inspected and maintained their vehide so as to drive it in a negligent, reckless and careless manner, thereby causing Defendant's vehicle to strike Plaintiff, thereby causing injury and damage to Plaintiff. As a proximate result of the negligent acts and omissions of Defendant, and each of them, Plaintiff was seriously injured in his health, strength, activity and has sustained and continues to sustain injury to his body, including, but not limited to, shock to his nervous system, pain and suffering, loss of sleep, and loss of range of motion. As a proximate result of the negligent acts and omissions of Defendants, and each of them, Plaintlff has incurred and continues to incur medical expenses, out of pocket costs, loss of earnings, impaired future earning capacity and other damages including, but not limited to, costs and interest payments related to costs incurred as a result of the accident in an amount according to proof. Face Appweed for Opteoel UeeJ~IC oIMC Ro W PLO-PI40112) Po . J o 1, goofi CAUSE OF ACTION-General Negligence Print this Form Pago 1 of 1 Code of Corri Prooed re 425.12 we le t fr le lpfe.44 g or www.sccedg/ew.corn LIU v. PEOPLES ATTACHMENT TO COMPLAINT PAGE 6 THIRD CAUSE OF ACTION - HIT AND RUN Plaintiff incorporates by reference and re-alleges all paragraphs previously alleged in Plaintiffs'omplaint, First Cause of Action- Motor Vehicle, and Second Cause ofAction- General Negligence. GN-2. At the time and place aforesaid, Defendant, and each of them, so negligently owned, operated, entrusted, supervised, cared for, inspected and maintained his vehicle so as to drive it in a negligent, reckless and careless manner, thereby causing said vehicle to turn head onto Plaintiff, while Plaintiff was traveling walking with a group of other pedestrians at a crosswalk or sidewalk located at Sunnyvale/Saratoga Road and El Camino Real in Sunnyvale, CA. Defendant ISAIAH PEOPLES knew that he struck Plaintiff with his vehicle but subsequently drove away, and therefore had a conscious disregard for the safety of Plaintiff. GN-3. As a proximate result of the negligent acts and omissions of Defendant, and each of them, Plaintiff was seriously injured in his health, strength, activity and has sustained and continues to sustain injury to his body, including, but not limited to, shock to his nervous system, pain and suffering, loss of sleep, and loss of range of motion. GN-4. As a proximate result of the negligent acts and omissions of Defendants, and each of them, Plaintiff has incurred and continues to incur medical expenses, out of pocket costs, loss of earnings, impaired future earning capacity and other damages including, but not limited to, costs and interest payments related to costs incurred as a result of the accident in an amount according to proof. GN-6. Plaintiff is informed and believes and thereon alleges that on or about April 23, 2019, Defendant ISAIAH PEOPLES was aware that his vehicle hit Plaintiff, but he didn't stop his vehicle but drove away from the scene of the incident. KAHN v. FLORES ATTACHMENT TO COMPLAINT PAGE 7 GN-7. Plaintiff is informed and believes and thereon alleges that, Defendant ISAIAH PEOPLES understood that by driving away from the scene of the incident after he struck Plaintiff he willfully subjected Plaintiff to cruel and unjust hardship in conscious disregard of Plaintiff s safety and rights. GN-8. At the time when Defendant ISAIAH PEOPLES drove away from the scene of the incident, he was fully aware of the probable dangerous consequences of Plaintiff's safety and rights. GN-9. Plaintiff is informed and believes and thereon alleges that Defendant ISAIAH PEOPLES did so operate and control his vehicle in a reckless and dangerous manner as hereinabove described in detail and incorporated herein, makes the activities ofDefendant ISAIAH PEOPLES intentional, reckless, malicious and despicable to the public, the Plaintiff and society, GN-10. As a direct and legal result of Defendant ISAIAH PEOPLES fully knowing that driving away from the scene of the incident would subject Plaintiff to cruel and unjust hardship and that the aforementioned actions of Defendant ISAIAH PEOPLES would constitute conscious disregard of Plaintiffs safety and rights, Plaintiff is thus entitled to punitive damages from Defendant ISAIAH PEOPLES. GN-11. Defendant ISAIAH PEOPLES committed the despicable and malicious acts alleged herein with a conscious disregard for the safety of Plaintiff. Plaintiff is thus entitled to punitive damages from Defendant in an amount according to proof. t To keep other people from seeing what you entered on your form, please press the Clear Thic Fnrm hifknn st thra onrt nf the fnpm whfan finichrart PLD-Pl%01(6) SHORT TITLE: LIU v.PEOPLES Exemplary Damages Attachment ATTACHMENT TO [Z] Complaint ~ Cross - Complaint Page 8 EX-1. As additional damages against defendant fnemer ISAIAH PEOPLES Plaintiff alleges defendant was guilty of CZ3 malice C3 fraud oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition io actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiffs claim are as follows: The Plaintiff files a claim for punitive damages under CCP 3294(a)(c)(l) and is writing below the specific allegations that are currently available to Plaintiff at this time, but Plaintiff reserves the right to amend or add to these allegations for a punitive damages claim. Defendant Peoples's act was conducted with malice in that it was intended to cause injury to the Plaintiff and was carried on by the Defendant with a wanton, willful and or conscious disregard for the safety of others. On the evening of April 23, 2019, Defendant, Isaiah Peoples, drove his car into a crowd of pedestrians at or near the location of El Camino Real and Saratoga Sunnyvale Road in Sunnyvale, CA. Defendant Peoples was allegedly on his way to church for a Bible study group when he maliciously, willfully, and with conscious disregard drove his vehicle into eight pedestrians who were walking on the sidewalk, and as he hit them with this vehicle at a speed that is currently unknown, many of them were critically injured, including Plaintiff Ping Liu, who was a tourist in the city. The Plaintiff has suffered a cruciate ligament injury to his left knee, injury to the posterolateral corner of left knee, and a fracture of the shaft of his right femur. Plaintiffmay have suffered additional injuries that are still to be determined. Defendant targeted this crowd of pedestrians to hit them with this car because of their race, color, ethnicity, or religion; and at least two were targeted becuase they Indian or Muslim. The Sunnyvale Department of Public Safety concluded that the crash was intentional based on the lack of skid marks at the scene. The Defendant drove iris car iiiiu these group oi pedestrians without any coin ci n tm ilicir sai'cly ur ihe physical and emotional harm that they would suffer because of it. It is alleged that witnesses believe that he had no remorse after the accident. The incident has been investigated by public authorities in the area and is a national media broadcasted incident in which the investigations are still ongoing in regards to the identity of the Defendant, the specific facts of the incident in Sunnyvale, and the injuries that have been sustained by all victims in this case, including Plaintiff Ping Liu who has sustained multiple injuries having been hit by Defendant's vehicle. EX-3. The amount of exemplary damages sought is a. (Jdr) noi shown, pursuant io Code of Civil Procedure section 425.10, b.W $ Ponn approved for Opaonat uee Juraoel Counol of Celdorno PL OP furor (di gfev. January 1, 200rl Exemplary Damages Attachment Page 1 of 1 Code of CMI Procedure. 6 425.12 www cconlllel oe pov For your protection and privacy, please ~I J Save This Form j ] Print This Form ] [ Clear This Form I