Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.March 29, 2021EHLEn PLD-Pl-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Barnumber. and address): Dawn L. Hassell (SBN 200080); Andrew T HaIing (SBN 271744) The Hassell Law Group, a P.C. 4079 19th Avenue San Francisco, CA 94132 TELEPHONE N0: 41 5-334-41 11 FAX No. (Optional): 41 5-469-9885 EMAIL ADDRESS(OptionaI): andrew@hasselllawgroup.com ATTORNEY FOR (Name): Michelle Cho SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N First Street MAILING ADDRESS: 191 N First Street crrY AND ZIP CODE: SAN JOSE 951 13 BRANCH NAME: Civil Unlimited - Downtown Superior Court (DTS) PLAINTIFF: MICHELLE CHO DEFENDANT: JIAN ZHANG ‘E Does1 To 50, incl. 3/29/2(§Z°F°P2’:98W Clerk of Court Superior Court of CA, County of Santa Clara 21 CV381431 Reviewed By: M Vu COMPLAINT-Personal Injury, Property Damage, Wrongful DeathE AMENDED (Number): Type (check all that apply):E MOTOR VEHICLE E OTHER (specify):E Property Damage E Wrongful Death [7'1 Personallnjury [-1 Other Damages (specify): Jurisdiction (check all that apply):E ACTION ls A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $1 0.000. but does not exceed $25,000E ACTION [S AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by this amended complainta from limited to unlimitedE from unlimited to limited CASE NUMBER: 21CV381431 1. Plaintiff (name or names): MICHELLE CHO alleges causes of action against defendant (name or names): JIAN ZHANG AND DOES 1 TO 50, incI. 2. This pleading, including attachments and exhibits, consists of the following number of pages: 13 3. Each plaintiff named above is a competent adult a. E except plaintiff (name): (1) C] a corporation qualified to do business in California (2)E an unincorporated entity (describe): (3)D a public entity (describe): (4)E a minor E an adult (a)E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)E other (specifw: (5)E other(speclfy): b. D except plaintiff (name): (1)E a corporation qualified to do business in California (2)a an unincorporated entity (describe): (3)E a public entity (describe): (4)D a minor E an adult (a)E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b)E other (specify): (5)D other (specify):D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Puge1of3 Form Appmveatoromional Use COMPLAINT-Personal Injury, Property codeotcwnprocedure, 5425.12 Judicial Council of California PLo-Pwm [Rem January 1. 2007] Damage, Wrongful Death www.cagov PLD-Pl-001 SHORT TITLE: CASE NUMBER: CHO v. ZHANG. et. al. 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. D except defendant (name): c. E except defendant (name): (1)E a business organization, form unknown (1)E a business organization. form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a public entity (describe): (5)E other(specify): (5)E other (specify): b. D except defendant(name): d. E except defendant (name): (1)D a business organization, form unknown (1)E a business organization, form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)D an unincorporated entity (describe): (4)E a public entity (describe): (4)D a public entity (describe): (5)E other (specify): (5)E other (specify): E 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. E Doe defendants (specify Doe numbers): 1-50, inclusive 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): 1-50, inclusive are persons whose capacities are unknown to plaintiff. 7. E Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. E at least one defendant now resides in itsjurisdictional area. b. E the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. E injury to person or damage to personal property occurred in its jurisdictional area. d. E other(specify): 9. E Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes. or b. E] is excused from complying because (special): pmmm [Rem Jammy 1, 2007] COMPLAINT-Personal Injury, Property page 2 or a Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: 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): . E MotorVehicle . E GeneralNegligence E] Intentional Tort . E Products Liability . D Premises LiabilityE Other(specilj/): wmapa-m 11. Plaintiff has suffered . E wageloss . D loss of use of property . E hospitaland medicalexpenses . E generaldamage . E property damageE loss of earning capacity . E otherdamage (specify): TO BE DETERMINED 0'0) (OFGQO 12.E The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. [j listed in Attachment 12. b. E 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)E compensatory damages (2)a punitive damages The amount of damages is (in cases forpersonal injuty or wrongful death, you must check (1)): (1)E according to proof (2)E in the amount of: $ 15.ERIE paragraphs of this complaint alleged on information and beiief are as follows (specify paragraph numbers): Date: 3-24-2021 ANDREW T. HALING. ESQ. WW (TYPE OR PRINT NAME) (SI TURE PLAINTIFF OR ATFORNEY) a pLD.p|.oo1 [Rem January 1, 2007} COMPLAlNT-Personal injury, Property Page 3 of3 Damage, Wrongful Death PLo-PI-oo1(1) SHORT TITLE: CASE NUMBER: CHO v. ZHANG et. al. First CAUSE 0F ACTION-w-Motor Vehicle (number) ATTACHMENT T0E ComplaintD Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): MICHELLE CHO 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): APRIL 1, 2019 at (place): On Alma Street near intersection with Coleridge Avenue in Palo Alto, CA MV- 2. DEFENDANTS a. E] The defendants who operated a motor vehicle are (names): JIAN ZHANG, and E Does 1 t0 10. inclusie b. E The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): E Does 11 t0 20. inclusive c. E] The defendants who owned the motor vehicle which was operated with their permission are (names): E Does 21 t0 30,inclusive d. E The defendants who entrusted the motor vehicle are (names): E Does 31 t0 40, inclusive 9‘ E The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): E Does 41 t0 50, inclusive f. E The defendants who are liable to plaintiffs for other reasons and the reasons for the liability areE listed in Attachment MV-2f E as follows: E Does 1 t0 50, incl. Page4 Page 1 of 1 F App auto o ti Iu Cod rcwnprooed 425.12 zaidalrcozuncilrofgazgamiase CAUSE OF ACTION-MOtor vehICIe 3° www.cozrrtesmgov PLD-PI-001(1) [Rev. January 1. 2007] PLD-PI-oo1(2) SHORT TITLE: CASE NUMBER: CHO v. ZHANG et. al. Second CAUSE OF ACTION-General Negligence Page 5 (number) ATTACHMENT ToE Complaint E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1 .Plaintiff (name): MICHELLE CHO alleges that defendant (name): JIAN ZHANG, and E Does 1 to 10, incl. 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 1, 2019 at (place):0n Alma Street near intersection with Coleridge Avenue in Palo Alto, CA (description ofreasons for liability): On the above date and place, at approximately 9:00 a.m., Defendants Jian Zhang, and Does 1 to 10. inclusive, negligently operated a white Mercedes. license number BBOP61 5. causing it to rear-end the vehicle in front of it, in which Plaintiff Michelle Cho ("Plaintiff") was a passenger. The collision caused Plaintiff serious bodily injury. At the time of the collision, Plaintiff Michelle Cho was a Lyft passenger in a red Toyota RAV4 traveling northbound on Alma Street in Palo Alto, CA, and Defendants Jian Zhang, and Does 1 to 10, inclusive. were traveling Immediately behind the vehicle transporting Plaintiff. Defendants Jian Zhang and Does 1 to 10. inclusive ("Defendants”), are liable for this accident as the operators of the vehicle that rear-ended the Toyota RAV4. Plaintiff is informed, believes and thereon alleges that Defendants are also liable for this accident as the owners, controllers, possessors, and/or maintainers of the subject vehicle. These defendants had a duty to exercise reasonable care to ensure that while operating the subject motor vehicle. such operation did not pose a risk of injury to others on/near the roadway. Defendants Jian Zhang and Does 1 to 10, inclusive, also had a duty to follow all laws of the road, including but not limited to California Vehicle Code (“CVC”) 22350 and 21703. CVC 22350 makes it illegal for a motorist to drive faster than is safe for the given driving conditions and circumstances; CVC 21 703 makes it illegal to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of. the roadway. Defendants also had a duty to ensure that the vehicle itself was in safe working order and could be operated safely on the roadway and did not pose a risk of injury to other roadway users, such as Plaintiff. Defendants negligently breached the foregoing duties. The breaches of Defendants include, but are not limited to, failing to operate their vehicle at a safe distance from the vehicle in front of theirs, failing to maintain a safe speed to ensure they could stop without rear-ending the vehicle in front, failing to pay adequate attention to nearby vehicles and traffic conditions and/or driving in a distracted manner, failing to maintain the subject vehicle in safe operating condition. and/or failing to take other actions to ensure that they and/or the subject vehicle did pose a threat to the safety of others on the roadway. (CONTINUED 0N NEXT PAGE) Page 1 of 1 meméfi'offififlg” CAUSE OF ACTION-General Negligence °°d°“CMWngggg PLD-Pl-001(2) [Rem January 1. 2007] MC-025 SHORT TITLE: eAse NUMBER:- CHO v. ZHANG, et. a1. ATTACHMENT (Numbeu: 3 (This Attachmentmay be used with any Judicial Council form.) ATTACHMENT TO GENERAL NEGLIGENCE (2nd Cause of Action) Violation ofCVC 22350 and 2 1703 also renders Defendants Jian Zhang and Does l to 10 inclusive, Negligent Per Se. Plaintiff’s injury was the result ofthe violation ofCVC 22350 and 21703, and resulted fi'om an occurrence the nature ofwhich the statute was designed to prevent, as driving too fast and/or too closely behind other vehicles for the roadway/trafiic/weather conditions, is well known to cause collisions. Plaintiff, a passenger in a motor vehicle lawfully on the roadway, was within the class ofpersons for whom such statutes were designed to protect. The aforesaid negligent acts/omissions of Defendants Jian Zhang, and Does l to 10, inclusive, were substantial factors in causing Plaintiffs injury and damages. As a direct and proximate result ofthe negligence ofthese Defendants, Plaintiff sustained bodily injury, and general damages. Plaintiff has also incurred and will continue to incur medical and related expenses for physicians, hospital care, and/or other medical services and supplies, out-of~pocket expenses, wage loss, loss of earning capacity, and other economic damages in an amount that is unknown at this time, but will be proven at the time of trial. Plaintifi'prays leave to amend her Complaint once she ascertains these amounts. (Ifthe item that this Attachment concems is made underpenalty ofperjury, all statements in this Page 6 of l3 Attachment are made underpenauy ofpeljmy.) (Add s a8 mqulmd) Faun mod forfinial Use ATTACHMENT mWaoov mom'scmfly 1. zoos) to Judicial Council Form PLD-PI-oo1(2) SHORT TITLE: CASE NUMBER: CHO v. ZHANG et. aI. THIRD CAUSE OF ACTION-General Negligence Page 7 (number) ATTACHMENT ToE Complaint E Cross-CompIaint (Use a separate cause of action form for each cause of action.) GN-1.Plaintiff (name): MICHELLE CHO alleges that defendant (name): JIAN ZHANG, and E Does 1_______ to 1o,inc|.,ard;\-roblO/\n0\. 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 1, 2019 at (place):0n Alma Street near intersection with Coleridge Avenue in Palo Alto. CA (description ofreasons for liability): On the above date and place, at approximately 9:00 a.m., Defendants Jian Zhang, and Does 1 to 10, inclusive, negligently operated a white Mercedes, license number 8BOP61 5. causing it to rear-end the vehicle in front of it, in which Plaintiff Michelle Cho ("Plaintif|”) was a passenger. The collision caused Plaintiff serious bodily injury. At the time of the collision, Plaintiff Michelle Cho was a Lyft passenger in a red Toyota RAV4 traveling northbound on Alma Street in Palo Alto, CA. and Defendants Jian Zhang, and Does 1 to 10, inclusive, were traveling immediately behind the vehicle transporting Plaintiff. Defendants Jian Zhang and Does 1 to 10, inclusive (“Defendants"), are liable for this accident as the operators of the vehicle that rear-ended the Toyota RAV4. These defendants had a duty to exercise reasonable care to ensure that while operating the subject motor vehicle, such operation did not pose a risk of injury to others on/near the roadway. Defendants Jian Zhang and Does 1 to 10, inclusive, also had a duty to follow all laws of the road, including but not limited to California Vehicle Code (“CVC”) 22350 and 21703. CVC 22350 makes it illegal for a motorist to drive faster than is safe for the given driving conditions and circumstances; CVC 21703 makes it illegal to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway. Defendants negligently breached the foregoing duties. The breaches of Defendants include, but are not limited to. failing to operate their vehicle at a safe distance from the vehicle in front of theirs, failing to maintain a safe speed to ensure they could stop without rear-ending the vehicle in front. failing to pay adequate attention to nearby vehicles and traffic conditions andlor driving in a distracted manner andlor failing to take other actions to ensure that they andlor the subject vehicle did pose a threat to the safety of others on the roadway. Violation of CVC 22350 and 21 703 also renders Defendants Jian Zhang and Does 1 to 1O inclusive, Negligent Per Se. Plaintiff's injury was the result of the violation of CVC 22350 and 21703, and resulted from an occurrence the nature of which the statute was designed to prevent, as driving too fast andlor too closely behind other vehicles for the roadwayltrafficl weather conditions, is well known to cause collisions. Plaintiff. a passenger in a motor vehicle lawfully on the roadway. was within the class of persons for whom such statutes were designed to protect. (CONTINUED ON NEXT PAGE) Page 1 of 1 megfifififggfigfl“ CAUSE OF ACTION-General Negligence °°d° °’°‘V'm;‘g°s_‘cfiilfi PLD-PI-oo1(2) (Rev. January 1. 2007} MC-025 SHORT TITLE: “35m“_ CHO v. ZHANG, et. al. ATTACHMENT (Number): 5 (This Attachmentmay be used with any Judicial Council form.) ATTACHMENT T0 GENERAL NEGLIGENCE (3rd Cause ofAction) Plaintiff is informed, believes and thereon alleges the vehicle operated by Defendant Jian Zhang, and Does l to IO, inclusive (“Defendants”), was owned, co-owned, controlled, maintained and/or possessed by Doe defendants 21 to 40, inclusive, who provided, loaned, leased, rented, shared and/or entrusted the subject Mercedes to Defendant Jian Zhang, and Does l to 10, inclusive, with their permission, consent, knowledge, .autiloszation, approval and/or at the direction, control and/or supervision ofDoe defendants 21 to 40, Inc uswe. Doe defendants 21 to 40, inclusive, had a duty to exercise reasonable care to protect persons foreseeably injured by their acts/omissions in the ownership/co-ownership, control, maintenance, possession, rental, leasing, loaning, furnishing, entrusting and/or providing the subject vehicle, including Plaintiffwho was traveling on the roadway. Does 21 to 40, inclusive, also had a duty to ensure that the subject vehicle was in safe working order and did not pose a threat of injury to others on the roadway. Plaintiff is informed, believes and thereon alleges that Doe defendants 21 to 40, inclusive, negligently breached their duties ofcare to Plaintiff in that they negligently entrusted the operation ofthe subject Mercedes to Defendant Jian Zhang, and Does 1 to 10, inclusive, when they knew or should have known that these Defendants were unfit to safely operate the vehicle. Plaintiff is informed, believes and thereon alleges that Doe defendants 21 to 40, inclusive, are liable to Plaintiff pursuant to CVC 17150 which provides that every owner of a motor vehicle is liable and responsible for the death or injury to persons or property resulting fi'om a negligent or wrongful act or omission in the operation of a motor vehicle by any person using or operating the same with permission, express or implied, by the owner. Plaintiff is further informed, believes and thereon alleges that these defendants also negligently breached their duty to ensure that the vehicle was in safe working order and could be operated safely on the roadway without posing a risk of injury to other persons on the roadway, such as Plaintiff. The aforesaid negligent acts/omissions of Defendants Jian Zhang, and Does l to 10, inclusive, and Doe defendants 21 to 40, inclusive, were substantial factors in causing Plaintiff‘s injury and damages. As a direct and proximate result ofthe negligence ofthese Defendants, Plaintiff sustained bodily injury, and general damages. Plaintiff has also incurred and will continue to incur medical and related expenses for physicians, hoSpital care, and/or other medical services and supplies, out-of-pocket expenses, wage loss, loss ofearning capacity, and other economic damages in an amount that is unknown at this time, but will be provcn at the time of trial. Plaintiffprays leave to amend her Complaint once she ascertains these amounts. (Ifthe item that this Attachment ooncems is made underpenalty ofperjwy, all statements in this Page 8 of 13 Attachmentam made underpenalty ofperjuay.) (Addpares asMW“)‘WW ATTACHMENT WWaw mmsxm 43$ 1. zoos: to Judicial Council Form PLD-PI-oo1(2) SHORT TITLE: CASE NUMBER: CHO v. ZHANG et. al. FOURTH CAUSE 0F ACTION-General Negligence Page 9 (number) ATTACHMENT ToE Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1 .Plaintiff (name): MICHELLE CHO alleges that defendant (name): JIAN ZHANG. and E Does 1 to 203mm glwsoxmcl. 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 1, 2019 at (place): On Alma Street near intersection with Coleridge Avenue in Palo Alto, CA (description ofreasons for liability): On the above date and place, at approximately 9:00 a.m., Defendants Jian Zhang, and Does 1 to 10, inclusive. and Does 41 to 50, inclusive, negligently operated a white Mercedes, license number 830F615, causing it to rear-end the vehicle in front of it. in which Plaintiff Michelle Cho ( " Plaintiff " )was a passenger. The collision caused Plaintiff serious bodily injury. At the time of the collision, Plaintiff Michelle Cho was a Lyft passenger in a red Toyota RAV4 traveling northbound on Alma Street in Palo Alto, CA, and Defendants Jian Zhang, Does 1 to 10, inclusive. and Does 41 to 50, inclusive were traveling immediately behind the vehicle transporting Plaintiff. Defendants Jian Zhang and Does 1 to 10, inclusive. and Does 41 to 50, inclusive ( ” Defendants " ). are liable for this accident as the operators of the vehicle that rear-ended the Toyota RAV4. Plaintiff is informed, believes and thereon alleges that Defendants are also liable for this accident as the owners. controllers, possessors, and/or maintainers of the subject vehicle. These defendants had a duty to exercise reasonable care to ensure that while operating the subject motor vehicle, such operation did not pose a risk of injury to others on/near the roadway. Defendants also had a duty to follow all laws of the road, including but not limited to California Vehicle Code ( " CVC “ )22350 and 21703. CVC 22350 makes it illegal for a motorist to drive faster than is safe for the given driving conditions and circumstances; CVC 21703 makes it illegal to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon. and the condition of. the roadway. Defendants also had a duty to ensure that the vehicle itself was in safe working order and could be operated safely on the roadway and did not pose a risk of injury to other roadway users, such as Plaintiff. Defendants negiigently breached the foregoing duties. The breaches of Defendants include, but are not limited to, failing to operate their vehicle at a safe distance from the vehicle in front of theirs, failing to maintain a safe speed to ensure they could stop without rear-ending the vehicle in front, failing to pay adequate attention to nearby vehicles and traffic conditions and/or driving in a distracted manner, failing to maintain the subject vehicle in safe operating condition, and/or failing to take other actions to ensure that they and/or the subject vehicle did pose a threat to the safety of others on the roadway. (CONTINUED ON NEXT PAGE) Page 1 ot 1 Form Approved for Optional Use - Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTIoN-Genera| Negl'gence www.courts.ca.gov PLD-Pl-001(2) [Rev. January 1. 2007] MC-025 SHORT TITLE: WSW- CHO v. ZHANG, et. a1. ATTACHMENT (Number): 7 (This Attachmentmay be used with any Judicial Council form.) ATTACHMENT TO GENERAL NEGLIGENCE (4th Cause of Action) Violation ofCVC 22350 and 21703 also renders Defendants Jian Zhang and Does 1 to 10 inclusive, and Does 41 to 50, inclusive, Negligent Per Se. Plaintiff’s injury was the result of the violation ofCVC 22350 and 2 1703, and resulted from an occurrence the nature ofwhich the statute was designed to prevent, as driving too fast and/or too closely behind other vehicles for the roadway/traffic/weather conditions, is well known to cause collisions. Plaintiff, a passenger in a motor vehicle lawfully on the roadway, was within the class ofpersons for whom such statutes were duigned to protect. Additionally, Plaintiff is informed, believes and thereon alleges that at the time ofthe incident, Doe defendants ll to 20, inclusive, were the employers and/or principals of Defendants, and that Defendants as employees and/or agents ofDoe defendants ll to 20, inclusive, were operating the vehicle within the course and scope of such employment/agency. Doe defendants ll to 20, inclusive, as the employers and/or principals of Defendants are vicariously liable for this accident under the doctrine of respondeat superior for the above negligent acts/omissions ofDefendant Jian Zhang, and Does l to 10, inclusive, and Does 41 to 50, inclusive. The aforesaid negligent acts/omissions of Defendants and Doc defendants 11 to 20, inclusive, were substantial factors in causing Plaintiff's injury and damages. As a direct and proximate result of the negligence ofthese Defendants, Plaintifi‘ sustained bodily injury, and general damages. Plaintiff has also incurred and will continue to incur medical and related expenses for physicians, hospital care, and/or other medical services and supplies, out-oflpocket expenses, wage loss, loss of earning capacity, and other economic damages in an amount that is unknown at this time, but will be proven at the time of trial. Plaintiffprays leave to amend her Complaint once she ascertains these amounts. (Ifthe item that this Attachment concems is made underpenalty ofpea‘um all statements in this Page 10 of 13 Attachment are made underpenalty ofpetjmy.) (Add pages as rammed) WWMagma. ATTACHMENT www.martinhcaoov momstmmfioosl to Judicial Council Form PLD-PI-001 (2) SHORT TITLE: CAse NUMBER: CHO v. ZHANG et. al. FIFTH CAUSE OF ACTION-General Negligence Page 11 (number) ATTACHMENT ToE Complaint D Cross-Complaint (Use a separate cause of action fonn for each cause of action.) GN-1 . Plaintiff (name): MICHELLE CHO alleges that defendant (name): JIAN ZHANG, and [Z] Does 1 to 50, incl. 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 1, 2019 at (place):0n Alma Street near intersection with Coleridge Avenue in Palo Alto, CA (description ofreasons for liability): On the above date and place. at approximately 9:00 a.m., Defendants Jian Zhang, and Does 1 to 10. inclusive. and Does 41 -50, inclusive, negligently operated a white Mercedes. license number 830P61 5. causing it to rear-end the vehicle in front of it, in which Plaintiff Michelle Cho (“Plaintiff') was a passenger. The collision caused Plaintiff serious bodily injury. At the time of the collision, Plaintiff Michelle Cho was a Lyft passenger in a red Toyota RAV4 traveling northbound on Alma Street in Palo Alto. CA. and Defendants Jian Zhang, and Does 1 to 10. inclusive, were traveling immediately behind the vehicle transporting Plaintiff. Defendants Jian Zhang and Does 1 to 10, inclusive (“Defendants”). are liable for this accident as the operators of the vehicle that rear-ended the Toyota RAV4. These defendants had a duty to exercise reasonable care to ensure that while operating the subject motor vehicle, such operation did not pose a risk of injury to others onlnear the roadway. Defendants Jlan Zhang and Does 1 to 10, inclusive. also had a duty to follow all laws of the road, including but not limited to California Vehicle Code (“CVC”) 22350 and 21703. CVC 22350 makes it illegal for a motorist to drive faster than is safe for the given driving conditions and circumstances: CVC 21703 makes it illegal to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon. and the condition of. the roadway. Defendants negligently breached the foregoing duties. The breaches of Defendants include, but are not limited to, failing to operate their vehicle at a safe distance from the vehicle in front of theirs. failing to maintain a safe speed to ensure they could stop without rear-ending the vehicle in front. failing to pay adequate attention to nearby vehicles and traffic conditions andlor driving in a distracted manner andlor failing to take other actions to ensure that they andlor the subject vehicle did pose a threat to the safety of others on the roadway. (CONTINUED ON NEXT PAGE) Pug. ‘l of 1 Fflmmgfgfififl” CAUSE OF ACTION-General Negligence °°°°°‘cmmzfiifi PLD-Pl-001(2) [Rem January 1. 2007] MC-025 SHORT TITLE: CAsE NUMBER -' CHO v. ZHANG, et. al. ATTACHMENT (Number): 8 (This Attachment may be used with any Judicial Council form.) ATTACHMENT TO GENERAL NEGLIGENCE (5th Cause of Action) Violation of CVC 22350 and 21703 also renders Defendants Negligent Per Se. Plaintiff ' s injury was the result of the violation of CVC 22350 and 21703, and resulted from an occurrence the nature of which the statute was designed to prevent, as driving too fast and/or too closely behind other vehicles for the roadway/traffic/weather conditions, is well known to cause collisions. Plaintiff, a passenger in a motor vehicle lawfully on the roadway, was within the class of persons for whom such statutes were designed to protect. Plaintiff is informed, believes and thereon alleges the vehicle operated by Defendants, was owned, co-owned, controlled, maintained and/or possessed by Doe defendants 21 to 40, inclusive, who provided, loaned, leased, rented, shared and/or entrusted the subject Mercedes to Defendants with their permission, consent, knowledge, authorization, approval and/or at the direction, control andlor supervision of Does 21 to 40, inclusive. Doe defendants 21 to 40, inclusive, had a duty to exercise reasonable care to protect persons foreseeably injured by their acts/omissions in the ownership/co-ownership, control, maintenance, possession, rental, leasing, loaning, furnishing, entrusting andlor providing the subject vehicle, including Plaintiff who was traveling on the roadway. Doe defendants 21 to 40, inclusive, also had a duty to ensure that the subject vehicle was in safe working order and did not pose a threat of injury to others on the roadway. Plaintiff is informed, believes and thereon alleges that Doe defendants 21 to 40, inclusive, negligently breached their duties of care to Plaintiff in that they negligently entrusted the operation of the subject Mercedes to Defendant Jian Zhang, Does 1 to 10, inclusive, and Does 41 to 50, inclusive, when they knew or should have known that these Defendants were unfit to safely operate the vehicle. Plaintiff is informed, believes and thereon alleges that Doe defendants 21 to 40, inclusive, are liable to Plaintiff pursuant to CVC 17150 which provides that every owner of a motor vehicle is liable and responsible for the death or injury to persons or property resulting from a negligent or wrongful act or omission in the operation of a motor vehicle by any person using or operating the same with permission, express or implied, by the owner. Plaintiff is further informed, believes and thereon alleges that Doe defendants 21 to 40, inclusive, also negligently breached their duty to ensure that the vehicle was in safe working order and could be operated safely on the roadway without posing a risk of injury to other persons on the roadway, such as Plaintiff. (TO BE CONTINUED ON NEXT PAGE) (If the item that this Attachment concerns is made underpenalty ofpea‘ury, all statements in this Page 12 of 13 Attachment are made underpenalty ofpeaury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtlnro.ca.gov Judicial Council of California - u M0025IR9V-JUW 1- 20°91 to Judicnal Councnl Form MC-025 SHORT TITLE: CASE NUMBER_ CHO v. ZHANG, et. al. ATTACHMENT (Number): 9 (This Attachment may be used with any Judicial Council form.) ATTACHMENT TO GENERAL NEGLIGENCE (5th Cause of Action) Additionally, Plaintiff is informed, believes and thereon alleges that at the time of the incident, Doe defendants 11 to 20, inclusive. were the employers and/or principals of Defendants, and that Defendants as employees and/or agents of Doe defendants 11 to 20, inclusive, were operating the vehicle within the course and scope of such employment/agency. Doe defendants 11 to 20, inclusive, as the employers andlor principals of Defendants are vicariously liable for this accident under the doctrine of respondeat superior for the above negligent acts/omissions of Defendant Jian Zhang, Does 1 to 10, inclusive, and Does 41 to 50, inclusive. The aforesaid negligent acts/omissions of Defendants, Doe defendants 11 to 20, inclusive, and Doe defendants 21 to 40, inclusive, were substantial factors in causing Plaintiff's injury and damages. As a direct and proximate result of the negligence of these Defendants, Plaintiff sustained bodily injury, and general damages. Plaintiff has also incurred and will continue to incur medical and related expenses for physicians, hospital care, and/or other medical services and supplies, out-of-pocket expenses, wage loss, loss of earning capacity, and other economic damages in an amount that is unknown at this time, but will be proven at the time of trial. Plaintiff prays leave to amend her Complaint once she ascertains these amounts. (If the item that this Attachment concerns is made under penalty ofperjwy, all statements in this Page 1 3 of 1 3 Attachment are made underpenalty ofpetjwy.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.oourtinfo.ca.gov Judicial Council of Califomla _ . . MC~ozisev.JuIy1. 20091 to Judicial Council Form ATTACHMENT cv-so12 CIVIL LAWSUIT NOTICE Superior Court of California, County of Santa Clara CASE NUMBER: 191 North First St, San José, CA 95113 PLEASE READ THIS ENTIRE FORM PLAINTIFF (the person suing): Within 60 days after filing the lawsuit, you must selve each Defendant with the Complaint, Summons, an Altemative Dispute Resolution (ADR) lnfonnation Sheet. and a copy of this CM? Lawsuit Notice. and you must file written proof of such service. DEFEflDAflflThe person sued): You must do each of the following to protect your rights: . You must file a written response to the Complaint, using the pmperlega! fonn or format, in the Clerk's Office of the Coun, within 30 days of the date you were served with the Summons and CompIaint; . You must serve by mail a copy of your written response on the Plaintiff's attorney or on the Plaintiff 'rf Plaintiff has no attorney (to “serve by mail” means to have an adult other than yourself mail a copy); and . You must attend the first Case Management Conference. Warning: If you, as the Defendant, do not follow these Instructions, you may automatically lose this case. flULEg AND FORMS: You must follow the California Rules of Court and the Superior Court of Callfomia, County of <_CountyName_> Local Civil Rules and use proper forms. You can obtain legal information, view the rules and receive forms. free of charge. from the SeIf-Help Center at 201 North Fitst Street. San José (408-882-2900 x-2926). State Rules and Judicial Council Forms: www.courtinfopagoyjfonns and www.coufiinpsaggvlwfi - Local Rules and Forms: hm:[Mw_w.sccsumriorcourLogglcivillrule1toc.htm CASE M&AQEMEM QQNFERENQE (CMCQ: You must meet with the other patties and discuss the case. in petson or by telephone at least 30 calendar days before the CMC. You must also fill out, file and serve a Case Management Statement (Judicial Council form CM-1 10) at least 15 calendar days before the CMC. You or your attorneymust appear at the CMC. Youmayask to appearby telephone - see Local Civil Rule 8. Your Case Management Judge Is: Department: The 1“ CMC Is scheduled for: (Completed by Clerk of Court) Date: Time: in Depaltment: The nextCMC is scheduled for: (Completed by party ifthe 15' CMC was continued or has passed) Date: Tlme: in Department: ALTERNATIVE DISPUTE RESOLUTIQN (ADRz: If all parties have appeared and filed a completed ADR Stipulation Falm (local form CV-5008) at least 15 days before the CMC, the Coutt wil! canoe! the CMC and mail noflce of an ADR Status Conference. Visit the Court's website at msccsuggriorcourtnmfiiviflADRl or call the ADR Administrator (408-882-2100 x-2530) for a list of ADR providers and their qualifications, sewices. and fees. WARM; Sanctions may be imposed if you do not follow the California Rules of Court or the Local Rules of Court. cv-sm Revoanme CIVIL LAWSUIT NOTICE Page 1 of 1
