Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 29, 2021E_F!|_ED PLD-PI-001 ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): R E- David W. Hughes SBN: 88738 3/29/2020]? @1519 AM Laughlin, Falbo, Levy & Moresi LLP C'erk 9f court One Capitol Mall, Suite 400 SUPGFIOF COUI't 0f CA, Sacramento, CA 95814 County of Santa Clara TELEPHONE No: (925) 499-4999 FAX No. (Optional): (925) 348-971 0 21 CV381 421 E-MAIL ADDRESS (Optional): dhughes@lflm.com Reviewed By: M Vu ATTORNEY FOR (Name): Plaintiff Santa Clara Valley Transportation Authority SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF: Santa Clara Valley Transportation Authority DEFENDANT: Cameron Hall, EAN Holdings, LLC E DOES 1 To 20 COMPLAINT-Personal Injury, Property Damage, Wrongful Death D AMENDED (Number): Type (check all that apply): E MOTOR VEHICLE D OTHER (specify): D Property Damage D Wrongful Death E Personal Injury E Other Damages (specify): subrogation JuriSdiCtion (CheCk a” that apply): CASE NUMBER; D ACTION IS A LIMITED CIVIL CASE Amount demanded D does not exceed $10,000 g D exceeds $1 0,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE exceeds $25,000 D ACTION IS RECLASSIFIED by this amergded complaint ) 21 CV381 421 D from limited to unlimited D from unlimited to limited 1. Plaintiff (name or names): Santa Clara Valley Transportation Authority alleges causes of action against defendant (name or names): Fee Exempt: Government Code 61 03 Cameron Hall, EAN Holdings, LLC, DOES 1 to 20 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: 4 3. Each plaintiff named above is a competent adult a. g except plaintiff (name): Santa Clara Valley Transportation Authority (1) D (2) D (3) g (4) D (5) D a corporation qualified to do business in California an unincorporated entity (describe): a public entity (describe): transit authority 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): other (specify): b. D except plaintiff (name): (1) D (2) D (3) D (4) D (5) D a corporation qualified to do business in California an unincorporated entity (describe): a public entity (describe): 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): 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 PLD-PI-oo1 [Rev. January1, 2007] Damage, Wrongful Death American LegalNet. InC- Page 1 of 3 COMPLAINT_Persona| Injury, Property Code Of Civil Procedure, § 425.12 www.courtinfo.ca.gov www. Forms Workflow.com PLD-PI-001 SHORT TITLE: CASE NUMBER: Santa Clara Valley Transportation Authority v. Cameron Hall 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. b. X except defendant (name): EAN Holdings, LLC c. 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) g other (specify): Limited Liability Company (5) D other (specify): 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 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. g Doe defendants (specify Doe numbers): 1 t0 20 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):1 to 20 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. X 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-OO1 [ReV. January 1, 2007] COMPLAINT_PersonaI Injury, Property Page 2 0f 3 Damage, Wrongful Death American LegaINet, Inc. www.FormsWorkflow.com PLD-PI-001 SHORT TITLE: CASE NUMBER: Santa Clara Valley Transportation Authority v. Cameron Hall 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): Motor Vehicle General Negligence Intentional Tort Products Liability Premises Liability Other (specify): Note Emergency Rule 9: “Not withstanding any other law, the statute of limitations for civil causes of action are tolled from April 6, 2020 until October 1, 2020, a period of 178 days. This action is filed within 178 days of 10/18/2020. fiwgogw ®DDDDE 11. Plaintiff has suffered wage loss loss of use of property hospital and medical expenses general damage property damage loss of earning capacity other damage (specify): all damages permitted by Labor Code Section 3852 as a result of injuries suffered by plaintiff's employee, Jay Gadingan QDDDDDD 12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. D listed in Attachment 12. b. D as follows: 13. The relief sought in this complaint is within the jurisdiction ofthis court. 14. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) E compensatory damages (2) D punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) g 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): Date: March 29, 2021 David W. Hughes > “ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-om [Rev.January1,2oo71 COMPLAINT-Personal Injury, Property ”9°30” Damage, Wrongful Death American LegalNet, Inc. www.FormsWorkf/ow.com PLD-PI-oo1(1) SHORT TITLE: Santa Clara Valley Transportation Authority v. Cameron Hall CASE NUMBER: First CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT TO E Complaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Santa Clara Valley Transportation Authority MV- 1. 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): 10/1 8/2018 at (place): at or about N. 13‘ Street and Metro Drive, San Jose, CA MV- 2. DEFENDANTS a. X The defendants who operated a motor vehicle are (names): Cameron Hall g Does1- to 20- b. g The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): g Does 1 to 20 c. g The defendants who owned the motor vehicle which was operated with their permission are (names): EAN Holdings, LLC g Does 1 to 20 d X The defendants who entrusted the motorvehicle are (names): Cameron Hall, EAN Holdings, LLC E Does 1 to 20 e. D The defendants who were the agents and employees of the other defendants and acted within the scope Of the agency were (names): Cameron Hall g Does 1 to 20 f. g The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are D listed in Attachment MV-2f g as follows: defendants were in some manner a substantial factor in causing harm to Jay Gadingan and his employer Santa Clara Valley Transportation Authority E Does 1 to 20 Page4 Page1 of1 F A df O' IU ' Cd fC"|P d 42.12 3:30;.peznicirgf CAUSE 0F ACTION-Motor Veh-cle ° 6° 5 PLD-Pl-001(1) [Rev. January 1, 2007] www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com