ComplaintCal. Super. - 3rd Dist.November 25, 2019 nd PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): | Sargis G. Atanous (SBN 195307) The Dunnion Law Firm 2711 Garden Road Monterey, CA 93940 TecepHoNe NO: (831) 373-8035 FAX NO. (Optional) (831) 375-4124 E-MAIL ADDRESS (Optionay: Ln jJurylaw@dunnion.com ATTORNEY FOR (Name: Plaintiff, ROBERT MCRORIE SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER street appress: 10820 Justice Center Drive MAILING ADDRESS: P.O. Box 619072 cityanD zipcooe: ROSeville, CA 95661-9072 BRANCH NAME: Unlimited Civil DEFENDANT: BARBARA ANN WORTHY; JOSE MANUEL ZESATI; MANUEL ZESATI; and _XDOES1TO 20, Inclusive. PLAINTIFF: ROBERT MCRORIE F rir D Superior Court o of ‘Californi= OQunty FOR COURT USE ONLY NOV 25 2019 Jake Chatters at x ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited "2 from unlimited to limited Cutive Offic COMPLAINT-Personal Injury, Property Damage, Wrongful Death y: O. Luc ‘ite or 16.0 “ sie AMENDED (Number): Spuly Type (check all that apply): "x MOTOR VEHICLE _ OTHER (specify): _X_| Property Damage ~ Wrongful Death x | Personal Injury Other Damages (specify): Jurisdiction (check all that apply): . ACTION IS A LIMITED CIVIL CASE CASE NUMBER: Amount demanded ___. does not exceed $10,000 ' exceeds $10,000, but does not exceed $25,000 6Cv 0044083 1. Plaintiff (name or names): ROBERT MCRORIE alleges causes of action against defendant (name or names): BARBARA ANN WORTHY; JOSE MANUEL ZESATI; MANUEL ZESATI; and DOES 1 to 20, Inclusive. 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. Each plaintiff named above is a competent adult . ____] except plaintiff (name): (1) tes a corporation qualified to do business in California (2) |’ an unincorporated entity (describe): (3) -s @ 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) iL. a corporation qualified to do business in California (2) | an unincorporated entity (describe): (3) _ a public entity (describe): (4) | a minor ' 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 pressed emerge COMPLAINT-Personal Injury, Property PLD-P1-001 [Rev. January 1. 2007) Damage, Wrongful Death Sons Code of Civil Procedure, § 425.12 PLD-PI-001 SHORT TITLE: McRorie v. Worthy, 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) i a business organization, form unknown (1) a business organization, form unknown (2) _ . @ 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. --s except defendant (name): (1) |. a business organization, form unknown (1) a business organization, form unknown (2) |. .. a corporation (2) a corporation (3) . _.. anunincorporated 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): were the agents or employees of other named defendants and acted within the scope of that agency or employment. b._x | Doe defendants (specify Doe numbers): 1-20 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. c. © X_ 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-PLOO! (Rev. January 1, 2007} COMPLAINT-Personal Injury, Property pees zat Damage, Wrongful Death PLD-PI-001 SHORT TITLE: MCRorie v. Worthy, et al. 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): a.: X_! Motor Vehicle b. x - General Negligence _ | Intentional Tort _} Products Liability _.. Premises Liability _x.| Other (specify): As proven. 11. Plaintiff has suffered ‘| wage loss __ | Joss of use of property _X_! hospital and medical expenses X ] general damage _| property damage < . loss of earning capacity = other damage (specify): As proven. 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) |X.) compensatory damages (2) {| punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) | X_. according to proof (2) .. - inthe amount of: $ 0.00 15. X__ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): MV-1; MV-2; GN-1 » \\ oo] Sargis G. Atanous, Esq. > (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-001(1) SHORTTITLE: McRorie v. Worthy, et al. CASE NUMBER: FIRST CAUSE OF ACTION-Motor Vehicle (number) ATTACHMENT TO_ X | Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): ROBERT MCRORIE 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): or about 1/8/2018 at (place): or near I-80, County of Placer, California. MV-2. DEFENDANTS a. _X_ | The defendants who operated a motor vehicle are (names): BARBARA ANN WORTHY; JOSE MANUEL ZESATI; and - _X Does 1 to 20, Inclusive. b.. X The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): __.X%_ Does 1s to:« 20, “Inclusive. c._X_: The defendants who owned the motor vehicle which was operated with their permission are (names): BARBARA ANN WORTHY; MANUEL ZESATI; and “X Does 1 _-to 20, Inclusive. d. X_. The defendants who entrusted the motor vehicle are (names): BARBARA ANN WORTHY; MANUEL ZESATI; and __ Kk Does 1 to 20, Inclusive. e. | X_' The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): ___X Does 1 to 20, Inclusive. f. X. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are __ .. listed in Attachment MV-2f X as follows: BARBARA ANN WORTHY; JOSE MANUEL ZESATI; MANUEL ZESATI; and “X Does 1 to 20, Inclusive. Page ( of 1 "Staci Counc of Caltornia CAUSE OF ACTION-Motor Vehicle Legal Cake Simran So nat PLD-P1-001(1) [Rev. January 1, 2007] ms = us PLD-PI-004(2) SHORTTITLE: McRorie v. Worthy, et al. CASE NUMBER: SECOND CAUSE OF ACTION-General Negligence Page 5 (number) ATTACHMENT TO . X. Compiaint . Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): ROBERT MCRORIE alleges that d fendant (name): BARBARA ANN WORTHY; JOSE MANUEL ZESATI; MANUEL ZESATI; and -X Does 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); or about 1/8/2018 at (place): or near I-80, County of Placer, California. (description of reasons for liability): On or about 1/8/2018, Plaintiff, ROBERT MCRORIE, was a passenger in Defendant, BARBARA ANN WORTHY's vehicle. Defendant WORTHY was speeding and lost control of the vehicle while on a left hand curve and collided with the dirk embankment. Defendant, JOSE MANUEL ZESATI, was operating a vehicle owned by Defendant, MANUEL ZESATI. Defendant ZESATI rear-ended Defendant WORTHY's vehicle causing significant injuries to Plaintiff MCRORIE. Defendants and DOES 1 to 20, Inclusive, negligently, carelessly, and recklessly entrusted, owned, controlled, drove, operated, loaded and maintained their vehicle in violation of the Vehicle Code and jointly and severally each proximately caused injuries and damages to Plaintiff. As a result of this accident, Plaintiff suffered numerous personal injuries, he incurred costs for medical treatment, he has suffered loss of earning capacity, and has experienced significant pain, suffering, and distress. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 usb PLODILD prev. derwery'. 20071 CAUSE OF ACTION-General Negligence Solut gns f Plus
