Complaint

Cal. Super. - 3rd Dist.September 11, 2018

PLD-PI-001 ATT ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Christopher L. Kreeger SBN: 148949 ROSENTHAL & KREEGER, LLP 2251 Douglas Boulevard, Suite 120 Roseville, CA 95661 TELEPHONE NO:9 116-774-7200 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): DEBORAH ARLENE DAVIS FAX NO. (Optional): 916-774-7203 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OFPLACER STREET ADDRESS: 10820 Justice Center Drive MAILING ADDRESS:P.O. Box 619072 CITY AND ZIP CODE:Roseville, 95678 BRANCH NAME: Howard G. Gibson Courthouse FILED Superior Court of Callfor County of Placer 7 PLAINTIFF: DEBORAH ARLENE DAVIS DEFENDANT: JANICE ARLENE RICCI DOES 1 TO 10 SEP 11 2018 Jake Chatters ae Te Officer & Clerk cA). Lucatuorto, Deputy COMPLAINT-Personal Injury, Property Damage, Wrongful Death [7] AMENDED (Number): Type (check all that apply): MOTOR VEHICLE [_] OTHER (specify): Property Damage Wrongful Death Personal Injury X_| Other Damages (specify):Emotional Distress 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: SCvO04179 4 xe4 Aq ai s 1. Plaintiff (name or names):DEBORAH ARLENE DAVIS alleges causes of action against defendant (name or names): JANICE ARLENE DAVIS and DOES | to 10 2. This pleading, including attachments and exhibits, consists of the following number of pages: FOUR 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 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 Optional 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 Westlaw Doc & Form Builder PLD-PI-001 SHORT TITLE: DAVIS v. RICCI, 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): c. [__] 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): 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): 1-5 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): 6-10 are persons whose capacities are unknown to plaintiff. 7. [] Defendants who are joined under Code of Civil Procedure section 382 are (names): This court is the proper court because a. at least 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. co injury to person or damage to personal property occurred in its jurisdictional area. d. [__] other (specify): [__] 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): PLO-P1-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: DAVIS v. RICCI, et al. CASE NUMBER: 10, 11. 12. 13. 14, 15. 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): ~ o a o g m Plaintiff has suffered wage loss loss of use of property [X"] hospital and medical expenses [xX] general damage [X] property damage (_X_] loss of earning capacity _X |] other damage (specify): emotional distress a r n a o o ® [__] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. [__] listed in Attachment 12. b. | as follows: The relief sought in this complaint is within the jurisdiction of this court. 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: $ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): All Date: September 6, 2018 Christopher L. Kreeger > A PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property (TYPE OR PRINT NAME) “Y (SIGNATURE OF PLAINTIFF OR ATT ORNEY) Page 3 of 3 Damage, Wrongful Death PLD-PI-001(1) SHORT TITLE: DAVIS v. RICCI, et al. CASE NUMBER: FIRST CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT TO Complaint [__] Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): DEBORAH ARLENE DAVIS 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):On or about June 22, 2017 at (place): Chana Drive at its intersection with Highway 49 in Placer County, State of California MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): JANICE ARLENE RICCI Does 1 to 10 b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): JANICE ARLENE RICCI Does 1 to 10 Cc. The defendants who owned the motor vehicle which was operated with their permission are (names): JANICE ARLENE RICCI Does 1 to 10 d. The defendants who entrusted the motor vehicle are (names): JANICE ARLENE RICCI Does 1 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): JANICE ARLENE RICCI Does 1 to 10 f. [] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are [__] listed in Attachment MV-2f [__] as follows: [__] Does to Page FOUR Page 1 of 1 i - i Code of Civil Procedure 425.12 ee acua CAUSE OF ACTION-Motor Vehicle e PLD-P1-001(1) (Rev. January 1, 2007] Westlaw Doc & Form Builder