Complaint

Cal. Super. - 3rd Dist.September 12, 2018

4 2 3 ~ |_ ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) !_ Arash Khorsandi (SBN249405); Brian G. Beecher (SBN239486) THE LAW OFFICES OF ARASH KHORSANDI, PC 2960 Wilshire Boulevard, Third Floor Los Angeles, California 90010 TELEPHONE NO: (310) 277-7529 FAX NO. (Optional) (3 1 0) 388-8442 E-MAIL ADDRESS (Optional ak@arashlaw.com; bbeecher@arashlaw.com ATTORNEY FOR (Name: Plaintiff GINA GONZALEZ SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER street aopress: 10820 Justice Center Drive MAILING ADDRESS: 10820 Justice Center Drive city ano zip cove: Roseville, 95678 BRANCH NAME: Santucci Justice Center PLAINTIFF: GINA GONZALEZ JOSEPH WILLIAM SEQUENZIA; ENTERPRISE FLEET MANAGEMENT, INC.; and poEsito 10 DEFENDANT: COMPLAINT-Personal Injury, Property Damage, Wrongful Death {__] AMENDED (Number): Type (check all that apply): MOTOR VEHICLE OTHER (specify): Gen. Neg.; Neg Per Se {_v_] Property Damage [__] Wrongful Death {_¥_] Personal Injury Other Damages (specify): Neg.Entrustment lgyPERIOR COURTS NE oF CER PLD-PI-001 FOR COURT USE ONLY OF CALIFORNIA COUNTY RC SEP 12 2018 JAKE CHATIERS cnx FFICE EXECU a goner, Deputy 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: scvy 0041783 1. Plaintiff (name or names): GINA GONZALEZ alleges causes of action against defendant (name or names): JOSEPH WILLIAM SEQUENZIA; ENTERPRISE FLEET MANAGEMENT, INC.; and DOES | TO 10 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 This pleading, including attachments and exhibits, consists of the following number of pages: 7 3. Each plaintiff named above is a competent adult (a) [___] for whom a guardian or conservator of the estate or a guardian ad litem has 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 the estate or a guardian ad litem has been appointed (b) [___] other (specify): (5) (__] other (specify) [-_] Information about additional plaintiffs who are not competent adults is shown in Attachment 3 COMPLAINT-Personal Injury, Property “Form Approved for Oplionai Use Judicial Council of California PLD-PI-001 [Rev. January 1, 2007) Damage, Wrongful Death Page 1 of 3 Code of Civil Procedure, § 425.12 www .Courtinfo ca. gov X V A A d PLD-PI-001 SHORTTITLE: CASE NUMBER: GONZALEZ v. SEQUENZIA, et al. 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. [_v_] except defendant (name): ENTERPRISE FLEET c. eee defendant (name): (1) [-_] a business organization, form unknown 1) [-_] a business organization, form unknown (2) a corporation a [__] a corporation (3) [__] an unincorporated entity (describe): (3) [<_] an unincorporated entity (describe): (4) [__] a public entity (describe): (4) [__] a public entity (describe): (5) [__] other (specify): (5) [_-_] other (specify): b. [__] except defendant (name): d. [__] except defendant (name): (1) [-_] a business organization, form unknown (1) [__] a business organization, form unknown (2) [_] a corporation (2) [__] a corporation (3) [__] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (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): 1-10 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): |-10 are persons whose capacities are unknown to plaintiff. 7. [(__] 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. b. [__] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. Cc. injury to person or damage to personal property occurred in its jurisdictional area. d. [_] other (specify): 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-P/-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property / Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: GONZALEZ v. SEQUENZIA, 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): a. Motor Vehicle b. General Negligence . [J Intentional Tort . [__] Products Liability . [__] Premises Liability . Other (specify): Negligence Per Se Negligent Entrustment o a n -~ 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): pain and mental suffering e - m o a 0 o ® 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 equitable; and for a. (1) compensatory damages (2) [__] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) [-¥_] according to proof (2) [___] in the amount of: $ 153 The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers) 1-15 Date: September 11, 2018 Arash Khorsandi, Esq. > {TYPE OR PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTORNEY) "Page 3 of 3 PLD-PI-001 [Rev January 1, 2007] ~~ COMPLAINT-Personal injury, Property Damage, Wrongful Death PLD-PI-001(1) SHORT TITLE: GONZALEZ v. SEQUENZIA, et al. CASE NUMBER: 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): GINA GONZALEZ MV- 1. MV- 2. 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 28, 2018 at (place): or near Wood Creek Oak and Las Casas St., Roseville, California, in Placer County. DEFENDANTS a. The defendants who operated a motor vehicle are (names): JOSEPH WILLIAM SEQUENZIA; and [¥] Does | to 10 b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): ENTERPRISE FLEET MANAGEMENT, INC.; and Does | to 10 G The defendants who owned the motor vehicle which was operated with their permission are (names): ENTERPRISE FLEET MANAGEMENT, INC.; and Does | to 10 d. The defendants who entrusted the motor vehicle are (names): ENTERPRISE FLEET MANAGEMENT, INC.; and [¥] Does | to 10 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): JOSEPH WILLIAM SEQUENZIA; and Does | to 10 7 [ The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are [_] listed in Attachment MV-2f [___] as follows: = [J Does tt a Page a ae Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION-Motor Vehicle Code of Civil Propedure 426,12 Judicial Council of California wv/w courtinfo ca gov PLD-PI-001(1) [Rev January 1, 2007] PLD-PI-001(2) SHORT TITLE: CASE NUMBER | GONZALEZ v. SEQUENZIA, et al. 2 _ CAUSE OF ACTION-General Negligence page _5 (number) ATTACHMENT TO Complaint L__] Cross - Complaint (Use a separate cause of action form for each cause of action. ) GN-1, Plaintiff (name): GINA GONZALEZ alleges that defendant (name): JOSEPH WILLIAM SEQUENZIA; and [Vv] Does | to 10 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 28, 2018 at (place): or near Wood Creek Oak and Las Casas St., Roseville, CA. (description of reasons for liability): 1. Plaintiff hereby re-alleges, adopts and incorporates by reference all the allegations contained in Plaintiff's First Cause of Action for Motor Vehicle Collision as if set forth in full herein. 2. Defendants owed a duty to Plaintiff and other pedestrians and drivers on the road, to use reasonable care when operating a motor vehicle on the roadway. 3. However, at all times, Defendants negligently breached said duties and unreasonably and negligently operated a motor vehicle on April 28, 2018, so as to cause a collision that severely injured and harmed Plaintiff. 4. Defendants' negligence was a direct, proximate and legal cause of the injuries sustained by Plaintiff. Page 1 of 1 pp jonal Use 7 oO h ae a 1 Code of Civil Procedure 425 12 Form Approved for Optional Use i Judiclal Council of Catifomia CAUSE OF ACTION-General Negligence www courtinfo ca gov PLD-P1-001(2) [Rev January 1, 2007} - ~ MC-025 SHORT TITLE: . egres ~~ GONZALEZ v. SEQUENZIA, et al. ATTACHMENT (Number): 2 / Page 6 (This Attachment may be used with any Judicial Council form.) CAUSE OF ACTION - Negligence Per Se 1. Plaintiff hereby re-alleges, adopts, and incorporates by reference all the allegations contained in Plaintiff's First Cause of Action for Motor Vehicle Collision and Plaintiff's Second Cause of Action for General Negligence. 2. Defendants JOSEPH WILLIAM SEQUENZIA, and DOES 1-10 drove their vehicle in a negligent, careless and unreasonable manner, and, in doing so, Plaintiffs are informed and believe that Defendants violated California Vehicle Codes, including but not limited to section 22350 (Basic Speed Law) and section 21801 (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety. 3. Defendants' negligence, carelessness, and/or unreasonable operation of a vehicle was a direct, proximate, and legal cause of the injuries sustained by Plaintiff. (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 6 of 7 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ‘ATTACHMENT. iy | www courtinfo ca gov Judicial Council of Califomia MC-025 [Rev July 1, 2009] to Judicial Council Form ~ -~ McC-025 SHORT TITLE: - a "CASE NUMBER: ' GONZALEZ v. SEQUENZIA, et al. ATTACHMENT (Number): 2 / Page 6 (This Attachment may be used with any Judicial Council form.) CAUSE OF ACTION - Negligent Entrustment of a Motor Vehicle 1. Plaintiff hereby re-alleges, adopts, and incorporates by reference all the allegations contained in Plaintiff's First Cause of Action for Motor Vehicle Collision, Plaintiff's Second Cause of Action for General Negligence and Plaintiff's Third Cause of Action for Negligence Per Se. 2. Defendants JOSEPH WILLIAM SEQUENZIA; and DOES 1-10 were negligent in operating a vehicle on April 28, 2018. 3. Defendant ENTERPRISE FLEET MANAGEMENT, INC. owned the vehicle operated by Defendants JOSEPH WILLIAM SEQUENZIA and DOES 1-10 on April 28, 2018, and Defendants JOSEPH WILLIAM SEQUENZIA and DOES 1-10 had possession of the subject vehicle with the permission of Defendants ENTERPRISE FLEET MANAGEMENT, INC. and DOES 1-10. 4. Defendants ENTERPRISE FLEET MANAGEMENT, INC. and DOES 1-10 knew, or should have known, that Defendants JOSEPH WILLIAM SEQUENZIA and DOES 1-10 were incompetent, unlicensed, and/or unfit to drive the vehicle. 5. Nevertheless, Defendants ENTERPRISE FLEET MANAGEMENT, INC. and DOES 1-10 negligently permitted and entrusted Defendants JOSEPH WILLIAM SEQUENZIA and DOES 1-10 to drive the vehicle. 6. Defendants JOSEPH WILLIAM SEQUENZIA and DOES 1-10’s incompetence and/or unfitness to drive was a substantial factor in causing harm to Plaintiff. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 7 of 7 Attachment are made under penalty of perjury ) (Add pages as required) Form Approved for Optiorial Use -_ ATTACHMENT - www caurtinfo.ca gov Judicial Council of California MC-025 [Rev July 1, 2009] to Judicial Council Form