ComplaintCal. Super. - 3rd Dist.November 25, 2019ome > PLD-PI-001 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): | Bryan A. Jackson, Esq. SBN: 255481 CHILD & JACKSON, A PROFESSIONAL LAW CORPORATION 101 Parkshore Drive, Ste., 205 FOLSOM, CA 95630 TELEPHONE NO:9 1 6-932-2170 FAX NO. (Optional): 916-932-217] E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):Plaintiff, Ann Marie Linkugel SUPERIOR COURT OF CALIFORNIA, COUNTY OFPLACER STREET ADDRESS: 10820 Justice Center Drive MAILING ADDRESS: ] (820 Justice Center Drive CITY AND ZIP CODE:Roseville, 95678 BRANCH NAME: Howard G. Gibson Courthouse PLAINTIFF: Ann Marie Linkugel DEFENDANT: Matthew Burgess DOES 1 TO 50 COMPLAINT-Personal Injury, Property Damage, Wrongful Death (i [__] AMENDED (Number): Type (check all that apply): MOTOR VEHICLE [__] OTHER (specify): Property Damage [__]| Wrongful Death Personal Injury Other Damages (specify):Negligence Jurisdiction (check all that apply): CASE NUMBER: [_] ACTION IS A LIMITED CIVIL CASE Amount demanded [__ | does not exceed $10,000 [__] exceeds $10,000, but does not exceed $25,000 6 C Vv 6 04 4 0 Si ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) [__] ACTION IS RECLASSIFIED by this amended complaint |__] from limited to unlimited [__] from unlimited to limited 1. Plaintiff (name or names): Ann Marie Linkugel alleges causes of action against defendant (name or names): Matthew Burgess P Y Z S - 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 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. Page 1 of 3 Form Approved for Optional Use oe i Code of Civil Procedure, § 425.12 Judicial Council of California COMPLAINT Personal Injury, Property www.courtinfo.ca.gov PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death Westlaw Doc & Form Builder~ PLD-PI-001 SHORT TITLE: Linkugel vs. Burgess 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): (1) [__]} a business organization, form unknown (2) [__] a corporation (3) [__] an unincorporated entity (describe): (4) [__] a public entity (describe): (5) [__] other (specify): b. [__] except defendant (name): (1) [__] a business organization, form unknown (2) [__] a corporation (3) [__] an unincorporated entity (describe): (4) [__] a public entity (describe): (5) [__] other (specify): c. [__] except defendant (name): (1) [__] a business organization, form unknown (2) [__] a corporation (3) L__] an unincorporated entity (describe): (4) [__] a public entity (describe): (5) [__] other (specify): d. [__] except defendant (name): (1) [__] a business organization, form unknown (2) [__] acorporation (3) [__] an unincorporated entity (describe): (4) [__] a public entity (describe): (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): 1-50 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): 1-50 plaintiff. are persons whose capacities are unknown to 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-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: Linkugel vs. Burgess CASE NUMBER: 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): ™~ Oo a Q a a n d 4 » d wp ” 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): Any and all the Court deems just and proper. o m e a o o D 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: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): All paragraphs. Date: 1 1-25-2019 VE Bryan A. Jackson, Esq. > . oo (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-004(1) SHORT TITLE: Linkugel vs. Burgess Ease RENE 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): Ann Marie Linkugel 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 December 04, 2017 at (place): W. Weimar Crossroads at Ramp, in the City of Colfax, County of Placer, CA. MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Matthew Burgess Does 1 to 50 b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Matthew Burgess Does 1 to 50 c. The defendants who owned the motor vehicle which was operated with their permission are (names): Matthew Burgess Does 1 to 50 d. The defendants who entrusted the motor vehicle are (names): Matthew Burgess Does 1 to 50 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Matthew Burgess Does 1 to 50 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: Matthew Burgess Does 1 to 50 Page 4 Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION-Motor Vehicle Code of Civil Procedure 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-PI-001(1) [Rev. January 1, 2007] Westlaw Doc & Form Builder~ PLD-PI-001(2) SHORT TITLE: Linkugel vs. Burgess CASE NUMBER: Second, CAUSE OF ACTION-General Negligence page 5 number ATTACHMENT TO Complaint [__] Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Ann Marie Linkugel alleges that defendant (name): Matthew Burgess Does | to 50 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): On or about December 04, 2017 at (place): W. Weimar Crossroads at Ramp, in the City of Colfax, County of Placer, CA. (description of reasons for liability): Plaintiff realleges and incorporates herein by references each and every allegation in the first cause of action in the Plaintiff's complaint as therein alleged, as fully completely as if repeated verbatim herein. Plaintiff alleges that Defendants negligently owned, operated, serviced, and/or maintained their vehicle in such a manner and at such a time where the Defendants knew, or through their exercise of reasonable care should have known, that said negligent conduct and/or maintenance would have likely cause injury to Plaintiff. On or about December 04, 2017, Plaintiff was stopped waiting to make a left turn to enter the freeway when the Defendant driving at an unsafe speed for traffic conditions rear-ended the Plaintiff. Liability is clear and falls squarely on the Defendants for violation of California VC 22350: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." As a direct and proximate result of the actions of the Defendants, as herein above alleged, the Defendants caused Plaintiff serious physical, mental, and emotional injuries to Plaintiff's detriment and damage. Page 1 of 1 i 7 Code of Civil Procedure 425.12 Form Approved for Optional Use ‘ u Judicial Council of California CAUSE OF ACTION-General Negligence Westla af ale al Ww PLD-PI-001(2) [Rev. January 1, 2007] -~_ - DO NOT FILE WITH THE COURT- “UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 - am CIV-050 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): Bryan A. Jackson, Esq. CHILD & JACKSON, A PROFESSIONAL LAW SBN 101 Parkshore Drive, Ste., 205; Folsom, CA 95630 fax number: 916-932-2171 email: ATTORNEY FOR (name): Plaintiff, Ann Marie Linkugel TELEPHONE NO.: 916-932-2170 : 255481 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS: | (820 Justice Center Drive MAILING ADDRESS: 10820 Justice Center Drive CITY AND ZIP CODE: Roseville, 95678 BRANCH NAME: Howard G. Gibson Courthouse PLAINTIFF: Ann Marie Linkugel DEFENDANT: Matthew Burgess FOR COURT USE ONLY STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) CASE NUMBER: To (name of one defendant only): Matthew Burgess Plaintiff (name of one plaintiff only): Ann Marie Linkugel seeks damages in the above-entitled action, as follows: 1. General damages a. LX] Pain, suffering, And INCONVENIENCE .............cccccccsesesssescsvssscscssvesesstasstsevavassevessesscavsscavsseaesevsvisteveseasecees AMOUNT b. LX] Emotional distress. .....cccccccccssssssssssessssssesvesssssesssssssssssivistesevesesessesestestestivieesessesteseeeeeeesseeeee $ 500,000.00 Cc. LOSS Of COMSOFIUM ..0......cceccccccescessesccsecssessessssecsessessssavsasssuassassesaesasvassasvsscssssassasascascsasuascasasusecscuscess d. L__] Loss of sociey and companionship (wrongful death actions only) e.L_] Other (specify) f. L__] Other (specify) g. [__] Continued on Attachment 1.g. 2. Special damages a. Medical expenses (£0 Date) o.......ccececccccceccssessssescssescsesessesecevsecavssssvssssvacsacassucsesacsseeecaesaevsssacsaesavenseeares b. Future medical expenses (present ValU@) ........ccccccseccssescscescscsseesseeecseescsssecsesassecuecssesseasaceaseassecaeeaeeees Cc. LOSS Of EAMNINGS (£0 Mate) oo... eeeecececceccesescesesesesessescseuesseseeseseusesesscaveeseesecessueeuseecaucsecaesaccaeesescataaes d. Loss of future earning capacity (present ValUC) .......ccccccccccecsccescescsessesceseesccascssesuccascreseaseaecesseeseereesees é. Property CAMage ........... ce eececcseecssesseeseesecsessessessesesceseescsssacsascssssaccsesscsussecsascacsuscascaaecaecaeseaseassaseaneasens f. L__] Funeral expenses (wrongful death Actions ONLY) ......cccccccccessssessesecseescescesessessecasesscsecesscsucaccseceacsaceasens g. |__] Future contributions (present value) (wrongful death actions only) h. L_] Value of personal service, advice, or training (wrongful death actions only) i. L__] Other (specify) j. LJ other (specify) k. | Continued on Attachment 2.k. 3. L_] Punitive damages: Plaintiff reserves the right to seek punitive damages in the amount of (specify).. $ when pursuing a judgment in the suit filed against you. Date: 11-25-2019 Bryan A. Jackson, Esq. (TYPE OR PRINT NAME) $ 500,000.00 $______--500,000.00 $ __500,000.00 $ __ 500,000.00 > Lae (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (Proof of service on reverse) Form Adopted for Mandatory Use Judicial Council of California ClIV-050 [Rev. January 1, 2007] STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) Page 1 of 2 Code of Civil Procedure, §§ 425.11, 425.115 www.courtinfo.ca.gov Westlaw Doc & Form Builder CIV-050 |__ PLAINTIFF: Ann Marie Linkugel CASE HUMBER: DEFENDANT:Matthew Burgess PROOF OF SERVICE (After having the other party served as described below, with any of the documents identified in item 1, have the person who served the documents complete this Proof of Service. Plaintiff cannot serve these papers.) 1. | served the a. L_] Statement of Damages L__] other (specify): b. on (name):Matthew Burgess c. by serving (| defendant [_Jother (name and title or relationship to person served): d. L_] by delivery LJathome [lat business (1) date: (2) time: (3) address: e. L__] by mailing (1) date: (2) place: 2. Manner of service (check proper box): a. L_] Personal service. By personally delivering copies. (CCP § 415.10) b. [__] Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(a)) ce L_] Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. L_] Mail and acknowledgment service. By mailing (by first- class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP § 415.30) (Attach completed acknowledgment of receipt.) e. L__] Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (CCP § 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) os L_] Other (specify code section): additional page is attached. 3. At the time of service | was at least 18 years of age and not a party to this action. 4. Fee for service: $ 5. Person serving: a. California sheriff, marshal, or constable f. Name, address and telephone number and, if applicable, b. L_] Registered California process server county of registration and number: Cc. L_ | Employee or independent contractor of a registered California process server d. L | Not a registered California process server e. [ ] Exempt from registration under Bus. & Prof. Code § 22350(b) | declare under penalty of perjury under the laws of the (For California sheriff, marshal, or constable use only) State of California that the foregoing is true and correct. | certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) CIV-050 [Rev. January 1, 2007] Page 2 of 2 PROOF OF SERVICE ) Code of Civil Procedure §§ 425.11, 425.115 (Statement of Damages
