Complaint Unlimited Fee AppliesCal. Super. - 6th Dist.April 1, 2021PATHWAY LAW FIRM, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 4/1/2021 12:00 AM Clerk of Court PATHWAY LAW FIRM, PC SUperior Court 0f CA, JOSEPH NAZARIAN, SBN 272382 County of Santa Clara joe@pathwayfirm.com 21 CV381 440 9454 Wilshire Boulevard, Penthouse Reviewed By: D Harris Beverly Hills, California 90212 Telephone: 310.414.3898 Facsimile: 310.414.3899 Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ROCIO CHIPRES, an individual Case N0. 21 CV381 440 Plaintiff, PLAINTIFF’S COMPLAINT FOR V- DAMAGES AND PERSONAL INJURIES ANKIT ANKIT, an individual; and DOES 1 t0 . . 1. NEGLIGENCE 50, 1nclu31ve, DEMAND FOR JURY TRIAL Defendants. Plaintiff, ROCIO CHIPRES (hereinafter “‘Plaintiff’) alleges as follows: GENERAL ALLEGATIONS 1. Plaintiff is a natural person who at all times herein mentioned was a resident 0f Santa Clara County, California. 2. Defendant, ANKIT ANKIT (hereinafter referred to as “Defendant”) is a natural person who is, and at all times herein mentioned was, a resident 0f Santa Clara County, California. 3. Plaintiff is ignorant 0f the true names and capacities 0f defendants sued herein as DOES 1 t0 50, inclusive, and therefore sue these defendants by such fictitious names. Plaintiff will amend this Complaint t0 allege their true names and capacities when ascertained. 4. Defendant and Does 1 t0 50, inclusive can be collectively referred t0 as “Defendants”. 1 COMPLAINT PATHWAY LAW FIRM, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. DOES 1 t0 50, inclusive, are employees, agents, owners joint venturers, managers, directors, and/or officers 0f Defendant. Plaintiff is informed and believes and thereon alleges that one 0r more 0f DOES 1 t0 50, 0r some 0f them, are responsible for the harm suffered by Plaintiff. DOES 1 t0 50, in engaging in the conduct herein complained 0f, were at all times acting within the course and scope 0ftheir employment, agency, ownership, joint venture, management, 0r their status as an officer, director, 0r managing agent 0f Defendant. The precise identifies 0fDOES 1 t0 50 are currently unknown to Plaintiff, but Plaintiff will amend this Complaint t0 allege their true names and capacities when ascertained. 6. At all times mentioned herein, Defendant and DOES 1 t0 50 were those owning, operating, controlling, repairing, modifying and maintaining a certain 2020 Toyota Camry, brown in color, bearing California license number BC05F27 (hereinafter referred t0 as “Defendant’s Vehicle”). 7. At all times mentioned herein, Plaintiff was operating a certain 2011 Honda Acura, bearing California license number 8NMP482 (hereinafter referred t0 as “Plaintiff s Vehicle”). 8. At all times mentioned herein, the intersection 0f Minnesota Avenue and Bird Avenue is a public intersection in Santa Clara County (hereinafter “Subj ect Location”). VENUE 9. Venue is proper because the injury and loss occurred in the County 0f Santa Clara, Defendant is domiciled in the County 0f Santa Clara, and Plaintiff is domiciled in the County 0f Santa Clara. FIRST CAUSE OF ACTION NEGLIGENCE (BY PLAINTIFF AGAINSTS ALL DEFENDANTS) 10. Plaintiff incorporates each allegation set forth in paragraphs 1 through 9. 11. On 0r about February 9, 2021, at the Subj ect Location, the Defendants, and each 0f them, so negligently owned, entrusted, managed, maintained, drove, and operated 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 as hereinafter described. 2 COMPLAINT PATHWAY LAW FIRM, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. As a direct and proximate result 0f the acts and omissions 0f Defendants, and each 0f them, Plaintiffwas injured in her health, strength, and activity, sustaining injuries t0 her body and person, all 0fwhich said injuries have caused and continue t0 cause Plaintiff great physical and mental pain and suffering. Plaintiff is informed and believe and thereon alleges that these injuries will result in some permanent disability t0 her, all t0 her general damage in an amount which will be stated according t0 proof at trial. 13. As a direct and proximate result 0f the acts and omissions 0f the Defendants, and each 0f them, and the injuries resulting therefrom, Plaintiff necessarily employed physicians and surgeons for medical examination, treatment, and care 0f these injuries, and incurred medical and incidental expenses. Plaintiff will also have t0 incur additional like expenses in the future, all in amounts presently unknown t0 her. Plaintiff therefore ask leave 0f the Court either t0 amend this complaint t0 show the amount 0f their medical expenses, when ascertained, 0r t0 prove that amount at trial. 14. As a direct and proximate result 0f the acts and omissions 0f the Defendants, and each 0f them, and the injuries resulting therefrom, Plaintiffhas been unable t0 carry out her 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 Plaintiff, who will ask leave 0f the court either t0 show the amount 0f Plaintiff s lost earnings, When ascertained, 0r t0 prove that amount at trial. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against the Defendants, and each 0f them, as follows: (1) For compensatory damages including damages for lost wages, lost employee benefits, vacation benefits, medical expenses, mental and emotional distress, and other general and special damages according t0 proof at trial; (2) For actual damages, including but not limited t0 medical and related expenses, in an amount according t0 proof at trial; (3) For general damages according t0 proof at trial; (4) For pre-judgment interest at the maximum legal rate; 3 COMPLAINT PATHWAY LAW FIRM, PC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) For post-judgment interest at the maximum legal rate; (6) For costs 0f suit herein incurred; (7) For such other relief that at the Court may deem just and proper. DATED: March 30, 2021 Respectfully Submitted, PATHWAY LAW FIRM, PC By: Joseph Nazarian, Esq. Attorney for Plaintiff DEMAND FOR JURY TRIAL Plaintiff requests that the present matter be set for jury trial. DATED: March 30, 2021 Respectfully Submitted, PATHWAY LAW FIRM, PC By: Joseph Nazarian, Esq. Attorney for Plaintiff 4 COMPLAINT
