Complaint Unlimited Fee Applies

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

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 3/26/2021 5:07 PM . . Clerk of Court and F. .Makkabl, SBN 249825 Superior Court Of CA,arla Rulz, SBN 269598 Neil J. Berry, SBN 189926 County 0f Santa Clara MAKKABI LAW GROUP, APC 21CV381411 9454 Wilshire Boulevard, Suite 900 Reviewed By: M Vu Beverly Hills, California 90212 Tel. (310) 887-8000 Fax (310) 887-8001 info@makkabilaw.com Attorneys for Plaintiff, REBEKA SINAI BENITEZ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA REBEKA SINAI BENITEZ, an individual, CASE NO. 21cv381411 Plaintiff, UNLIMITED CIVIL CASE vs. COMPLAINT FOR DAMAGES (NEGLIGENCE) DAN YANG, an individual, HUI YANG, an individual; DOES 1 through 50, (AMOUNT DEMANDED EXCEEDS $25,000) inclusive, Defendants. For cause 0f action against Defendants, and each 0f them, Plaintiff, REBEKA SINAI BENITEZ, (hereinafter referred t0 as “Plaintiff’), complains and alleges as follows: PARTIES 1. The true names and capacities, whether individual, corporate, associate, 0r otherwise 0f Defendants, DOES 1 through 50, inclusive, are at this time unknown t0 Plaintiff who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes and thereon alleges that each 0f the Defendants designated herein by a fictitious name is in some way negligent or responsible for the events and happenings herein referred t0 which proximately resulted in those injuries and damage t0 the Plaintiff as herein alleged. 2. The true names or capacities, whether individual, corporate, associate 0r otherwise 0f Defendants, DOES 1 through 20, inclusive, are unknown t0 Plaintiff, who therefore sues said Defendants by such fictitious names, and will ask leave 0f Court t0 amend this Complaint when the _ 1 _ COMPLAINT FOR DAMAGES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 same have been ascertained; Plaintiff is informed and believes, and upon such information and belief alleges, that each defendant designated herein as a “DOE” was responsible, negligently, 0r in some other actionable manner, for the events and happenings referred t0 herein, which proximately caused injury and damage t0 Plaintiff, as hereinafter alleged. 3. At all times herein mentioned, Defendants, DOES 21 through 30, inclusive, and each 0f them, were doctors, physicians, nurses, health care providers and the like who treated and cared for Plaintiff herein and who were responsible in some manner for the Plaintiff’s injuries and damages as more fully set forth herein. 4. At all times herein mentioned, Defendants, DOES 31 through 40, inclusive, and each of them, were manufacturers, suppliers and distributors 0f some unknown product, which was responsible in part for Plaintiff s injuries and damages as more fully set forth herein. 5. At all times herein mentioned, Defendants, DOES 41 through 50, and each 0f them, were business entities, form unknown, duly qualified t0 d0 business and lawfully doing business in the County 0f Santa Clara, State 0f California. 6. Plaintiff is informed and believes, and upon such information and belief, alleges that at all times herein mentioned, Defendants, and each 0f them, were acting as the agents, servants, and/or employees 0f the other named Defendants, and were within the course and scope 0f their employment and with the full knowledge and consent of each 0f the other named Defendants. Each defendant subsequently ratified and condoned the conduct of each remaining defendant. 7. At all times herein mentioned Defendant, DAN YANG, an individual, was an individual residing in Fremont, California. 8. At all times herein mentioned Defendant, HUI YANG, an individual, was an individual residing in Fremont, California. 9. At all times herein mentioned, Defendants, DAN YANG, and/or DOE 1, and/or DOE 2, and/or DOE 3, and/or DOE 4, and/or DOE 5, and each 0f them, were the drivers and operators of a silver 2014 BMW 328 vehicle, bearing Virginia license plate number 7KEF694 at the time and place 0f the accident hereinafter alleged (hereinafter referred t0 as “Defendant’s Vehicle”). 10. At all times herein mentioned, Defendants, HUI YANG, and/or DOE 1, and/or DOE 2, _ 2 _ COMPLAINT FOR DAMAGES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and/or DOE 3, and/or DOE 4, and/or DOE 5, were the owners and/or lessors and/or lessees 0f the vehicle being then and there driven by Defendants, DAN YANG, and/or DOE 1, and that said vehicle was being driven by Defendants, DAN YANG, and/or DOE 1, with the express and implied consent and permission 0f each other and Defendants DOE 2, DOE 3, DOE 4 and DOE 5. 11. At all times herein mentioned, Defendants, and each 0f them, were the agents, servants and employees of each other and acting within the scope 0f their employment and agency as such. 12. At all times herein mentioned Plaintiff, REBEKA SINAI BENITEZ, an individual, was the driver 0f a certain vehicle more fully described as a gray 2016 Nissan VRS, bearing California license plate number 7UBC547 (hereinafter referred t0 as “Plaintiff s Vehicle”). GENERAL ALLEGATIONS 13. On 0r about the 13th day 0f April 2019, Plaintiff, REBEKA SINAI BENITEZ, was driving Plaintiff’s Vehicle, at or near Moorpark Avenue and Rebecca Way in the city of San Jose, California, (hereinafter referred t0 as the “Subject Location”) within the San Jose District 0f the Superior Court, in the County 0f Santa Clara, State 0f California. At said time and place, Defendants, and each 0f them, drove, managed, operated, maintained and/or entrusted their said vehicle and/or vehicles that the same were caused t0 and did then and there collide with the vehicle in Which Plaintiff, REBEKA SINAI BENITEZ, was operating. FIRST CAUSE OF ACTION FOR DAMAGES (NEGLIGENCE) (Against all Defendants) 14. Plaintiff hereby incorporates paragraphs 1 through 13, inclusive as if set forth in full. 15. On 0r about April 13, 2019, at the Subject Location, the Defendants, and each 0f them, so negligently, carelessly and unlawfully entrusted, managed, maintained, drove, and operated said Defendant’s Vehicle so as t0 cause Defendant’s Vehicle t0 collide With the Plaintiff’s Vehicle proximately causing those injuries and damages t0 the Plaintiff, REBEKA SINAI BENITEZ, as hereinafter described including, but not limited t0, a traumatic brain injury and complaints 0f pain t0 _ 3 _ COMPLAINT FOR DAMAGES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 her neck, back, chest, and bilateral upper and lower extremities. 16. That as a direct and proximate result 0f the acts and omissions 0f the Defendants, and each 0f them, Plaintiff has received severe injuries t0 Plaintiff’s body and shock and injuries t0 Plaintiffs nervous system, all of which caused Plaintiff severe pain and discomfort and Plaintiff is informed and believes and based upon such information and belief alleges that Plaintiff will in the future suffer severe pain and discomfort, all t0 Plaintiff’ s general damage in a sum according t0 proof at the time 0f trial. 17. That a direct and proximate result 0f the negligence, carelessness and unlawful conduct 0f Defendants, and each 0f them, as aforesaid, and by reason 0f the collision so negligently caused by said Defendants, Plaintiff has been required t0 obtain the services of doctors, surgeons, physicians, nurses, hospitals, and the like-related professional services, including drugs, medicines, X-rays and medical expenses, hospitalization and various sundry items, both present and future; and this Plaintiff has suffered loss 0f earnings, both present and future; the exact amounts thereof are at this time unknown t0 Plaintiff, who therefore asks leave t0 prove, and if required by the Court, t0 amend this Complaint t0 show the exact amounts thereof at time 0f trial. 18. That prior to that date 0f the injuries t0 Plaintiff, Plaintiff was an able-bodied person capable 0f carrying 0n Plaintiff s usual occupation. That as a direct and proximate result of the acts and omissions 0f the Defendants, and each 0f them, and the injuries resulting therefrom, this Plaintiff has been unable t0 carry out Plaintiff s usual occupation and will thereby suffer damages by reason 0f loss 0f income; that the exact and reasonable amount 0f said loss 0f income is unknown t0 this Plaintiff, who will ask leave of court t0 prove the reasonable value 0f said loss at the time of trial 0f this action. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: PRAYER A. In favor 0f Plaintiff for general damages in a sum according t0 proof; B. In favor 0f Plaintiff for special damages for medical services, medication and drugs, hospitalization, X-rays, various sundry items, loss 0f earnings, both present and future, and other incidental expenses, according to proof at the trial; C. For Plaintiff s costs 0f suit incurred herein; and _ 4 _ COMPLAINT FOR DAMAGES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. For such other and further relief as the Court deems just and proper. Plaintiff, having filed this matter within the unlimited jurisdiction 0f this Court remits all damages, exclusive 0f costs, interest, and attorneys fees, in excess of the jurisdictional amount 0f this Court pending the duration 0f this action. Dated: March 26, 2021 MAKKABI LAW GROUP, A Professional Corporation7mg DAVID F. MAKKABI KARLA RUIZ NEIL J. BERRY Attorneys for Plaintiff, REBEKA SINAI BENITEZ By: _ 5 _ COMPLAINT FOR DAMAGES