ComplaintCal. Super. - 3rd Dist.September 11, 201843 5~ PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNE ; Toe Krissman, Esq.-SB#975 TIRRISSMAN & SILVER LLP 444 W. Ocean Blvd., Suite #940, Long Beach, CA 90802 Jay A. Kaplan, Esq.-SB#86202 / KAPLAN LAW CORPORATION 400 Oceangate, Suite #1125, Long Beach, CA 90802 TELEPHONE NO: 562.548.7515/562.372.0506 FAX NO. (Optional):562.912.2657/562.349.0566 E-MAIL ADDRESS (Optional: Jk@krissmansilver.com / jkaplan@kaplanlawcorp.com ATTORNEY FOR (Namo: Plaintiffs, MICHAEL SMITH and ANTHONY ALATORRE SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER street aooress: 10820 Justice Center Drive, Roseville, CA 95678 maine aooress: P.O, Box 619072, Roseville, CA 95661 CITY AND ZIPCODE: (See above) BRANCH NAME: Santucci Justice Center SUPERIOR COURT OF CALIFORNIA PLAINTIFF: MICHAEL SMITH and ANTHONY ALATORRE BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; MARCO ANTONIO VAREZIBARRA; and [7] does 1 To , Inclusive EXECUTIVE OFFICER & CLERK DEFENDANTINTERNATIONAL, INC. dba BEST WESTERN HOTELS & Resorts} By: C. Waggoner, Deputy COMPLAINT-Personal Injury, Property Damage, Wrongful Death (-_] AMENDED (Number): Type (check all that apply): MOTOR VEHICLE OTHER (specify): General Negligence |__| Property Damage Wrongful Death ¥_| Personal Injury Other Damages (specify): FOR COURT USE ONLY COUNTY OF PLACER SEP 11 2018 JAKE CHATTERS 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 CASE NUMBER: sc 1. Plaintiff (name or names): MICHAEL SMITH and ANTHONY ALATORRE alleges causes of action against defendant (name or names): BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS; BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; A : i MARCO ANTONIO ALVAREZIBARRA and DOES 1 TO 20, In \ Bowing number of pages: 5 2. This pleading, including attachments and exhibits, consists of 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) [_] aminor [__] an adult (a) [__] for whom a guardian or conservator of the estate or a guardian ad litem h as 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 (describe): (3) [__] a public entity (describe): (4) [__] aminor [_] an adult (a) [__] for whom a guardian or conservator of th (b) [_] other (specify): (5) [_] other (specify): Co Information about additional plaintiffs who are not competent a dults is shown in Attachment 3. COMPLAINT-Personal Injury, Property Form Approved for Optional Use Judicial Council of Califomia PLD-PI-001 (Rev. January 1, 2007) Damage, Wrongful D eath e estate or a guardian ad litem has been appointed Page 1 of 3 Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-PIt-001 SHORT TITLE: SMITH/ALATORRE v. BEST WESTERN INTERNATIONAL, INC., et al. CASE NUMBER: 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): “Neb RE vetOw AL, a Cc. except defendant (name): BEST WESTERN HOTELS & RESORTS o ‘orm unknown . ed form unknown (3) [-] an unincorporated entity (describe): (3) [_] an Seen’ entity (describe): (4) [_] a public entity (describe): (4) [_] a public entity (describe): (5) [] other (specify): (5) [_] other (specify): AE ATER b. except defendant (name). KESORES dt except defendant (name): AMBA INVESTMENTS, LLC (1) [__] a business organization, form unknown (1) [--] a business organization, form unknown (2) a corporation (2) [_] a corporation (3) [_] an unincorporated entity (describe): (3) [47] an unincorporated entity (describe): LLC (4) [_] a public entity (describe): (4) (] a public entity (describe): (5) [_] other (specify): (5) [_] other (specify): [__] 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. Doe defendants (specify Doe numbers): | TO 20, Inclusive 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):_1 TO 20, Inclusive are persons whose capacities are unknown to plaintiff. 7. [£2 Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. [__] atleast one defendant now resides in its jurisdictional area. . (1 the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. \ injury to person or damage to personal property occurred in its jurisdictional area. . [_] other (specify): a a d o 9. [(_] Plaintiff is required to comply with a claims statute, and a. [__] has complied with applicable claims statutes, or b. [__] is excused from complying because (specify): PLD-PI-001 (Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: SMITH/ALATORRE vy. BEST WESTERN INTERNATIONAL, INC., et al. 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): > ~ p a o c ® 11. Plaintiff has suffered / Plaintiffs have suffered wage loss [_] loss of use of property hospital and medical expenses general damage [__] property damage loss of earning capacity other damage (specify): pain and suffering; prejudgment interest, damages for personal injuries o © - o 9 a 0 0 M 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 equitabl e; and for a. (1) [4] compensatory damages (2) [__] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) [4] 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): GN-1.; MV-1.; MV-2. Date: September 7, 2018 dk 7 ML Joel Krissman, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-P1-001 [Rev. January 1, 2007] COMPLAINT-Person al Injury, Property Page 3 of 3 Damage, Wrongful Death a, PLD-P1-001(2) SHORT TITLE: CASE NUMBER: SMITH/ALATORRE v. BEST WESTERN INTERNATIONAL, INC. FIRST CAUSE OF ACTION-General Negligence Page 4 (number) ATTACHMENT TO Complaint [-_] Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1, Plaintiff (name): MICHAEL SMITH and ANTHONY ALATORRE alleges that defendant (name): BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS; BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; MARCO ANTONIO ALVAREZIBARRA; and . WA 1 to 20, Inclusive 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): May 24, 2018 at (place): Galleria Boulevard and Antelope Creek Drive, City of Roseville, CA (description of reasons for liability): Defendants, and each of them, negligently and carelessly entrusted, managed, owned, hired, maintained, operated, and drove a motor vehicle in which Plaintiffs were occupying as passengers, so as to legally and proximately cause Plaintiffs to suffer serious injuries and damages. Page 1 of 1 Form Approved for Optional Use N | Nealigence Code of Civil - ‘orm Approv G = judlelal Council of California CAUSE OF ACTIO enera eglige www.courtinfo.ca.gov PLD-PI-001(2) [Rev. January 1, 2007] PLD-PI-001(1) SHORT TITLE: CASE NUMBER: SMITH/ALATORRE v. BEST WESTERN INTERNATIONAL, INC. SECOND CAUSE OF ACTION-WMotor Vehicle (number) ATTACHMENT TO Complaint [-_] Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): MICHAEL SMITH and ANTHONY ALATORRE 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): May 24, 2018 at (place): Galleria Boulevard and Antelope Creek Drive, City of Roseville, CA MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS; BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; MARCO ANTONIO ALVAREZIBARRA; AND Does 1 to 20, Inclusive . The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS; BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; MARCO ANTONIO ALVAREZIBARRA; AND Does 1 to 20, Inclusive Cc. The defendants who owned the motor vehicle which was operated with their permission are (names): BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS; BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; MARCO ANTONIO ALVAREZIBARBA; AND ‘ Does eA No 20, Inclusive _ ; The defendants who entrusted the motor vehicle are (names): BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS; BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; MARCO ANTONIO ALVAREZIBARRA; AND . Does 1 to 20, Inclusive e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): BEST WESTERN INTERNATIONAL, INC.; BEST WESTERN INTERNATIONAL, INC. dba BEST WESTERN HOTELS & RESORTS; BEST WESTERN HOTELS & RESORTS; AMBA INVESTMENTS, LLC; MARCO ANTONIO ALVAREZIBARRA; AND Does 1 to 20, Inclusive [__] The defendants who are liable to plaintiffs for other reasons a nd the reasons for the liability are [__] listed in Attachment MV-2f [_] as follows: oo a > [-] Does _ t-CéCD Page P] Page 1 of 1 i |__| Code of Civil Procedure 425.12 rm sees a. a CAUSE OF ACTION-Motor Vehicle www.courtinfo.ce.gov PLD-P1-001(1) (Rev. January 1, 2007]
