ComplaintCal. Super. - 3rd Dist.June 8, 2021PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Flame, State Bar number, and address): - TIM S. HODSON, SBN 262038 ASHTON &PRICE, LLP 8243 GREENBACK LANE FAIR OAKS CA 95628 TELEPHONE N0: 9I 6-7$6-77$7 PAX NO. (Optionaq: C~ IC-7RE)-7E)LS E-MAIL ADDRESS (Optiona(J: ArroRNev FOR ~rvame~: PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS: 10820 JUSTICE CENTER DRIVE nnAiuN~ aooREss: 10820 NSTICE CENTER DRIVE crry allo ziP cone: ROSEVILLE CA 95661 BRANCH NAME: BILL SANTUCCI PLAINTIFF: CINDY BIANDO oEFEN~aNr. TIMOTHY THANH NGHIEM DUONG, and DOES 1-25 D✓ DOES 1 TO ZS COMPLAINT-Personal Injury, Property Damage, Wrongful Death ~ AMENDED (Number): Type (check al/ That apply): 0✓ MOTOR VEHICLE 0 OTHER (specify): Property Damage ~ Wrongful Death 0✓ Personal Injury ~ Other Damages (specify): Jurisdiction (check all that apply}: ACTION IS A LIMITED CIVIL CASE Amount demanded 0 does not exceed $10,000 0 exceeds $10,000, but does not exceed $25,000 ~✓ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $23,000) ~ ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited 1. Plaintiff (name or names): CINDY BIANDO alleges causes of action against defendant (name or names): TIMOTHY THANH NGHIEM DUONG, and DOES 1-25 CASE NUMBER: 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 FOR COURT USE ONLY 3. Each plaintiff named above is a competent adult a. ~ except plaintiff (name): (1) ~ a corporation qualified to do business in California (2) 0 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) 0 other (specify): (5) 0 other (specify): b. 0 except plaintiff (name): (1) ~ a corporation qualified to do business in California (2) ~ an unincorporated entity (describe): (3) ~ a public entity (describe): (4) 0 a minor ~ an adult (a) 0 for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) 0 other (specify): (5) ~ other (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Form Approved for Optional Use COMPLAINT-Personal Injury, Property 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. couriinfo. ca. go v PLD-PI-001 SHORT TITLE: cnsE NunnsER: BIANDO v DUONG 4. 0 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. 0 except defendant (name): c. 0 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): (5) ~ other (specify); (4) ~ a public entity (describe): (5) ~ other (specify): b. 0 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) 0 an unincorporated entity (describe): (4) 0 a public entity (describe): (5) 0 other (specify): (4) ~ a public entity (describe): (5) ~ other (specify): 0 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): 1-25 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): 1-25 are persons whose capacities are unknown to plaintiff. 7. 0 Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. ~ at Ieast 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. ~ 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. 0 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: BIANDO v DUONG 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. 0✓ Motor Vehicle b. ~ General Negligence c. ~ Intentional Tort d. 0 Products Liability e. 0 Premises liability f. 0 Other (specify): 11. Plaintiff has suffered a. ~✓ wage loss b. ~✓ loss of use of property c. 0✓ hospital and medical expenses d. 0✓ general damage e. 0✓ property damage f. 0✓ loss of earning capacity g. 0 other damage (specify): 12. ~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. 0 listed in Attachment 12. b. 0 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 (7)): (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): MV-1 and MV-2 Date: JUNE 3, 2021 TIM S. HODSON. SBN 262038 (TYPE OR PRINT NAME} (SIGNATURE OF PlA1NTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-P@CSOIIa) III~UC'~/, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-001(1) SHORT TITLE: case NunnaeR: BIANDO v DUONG FIRST CAUSE OF ACTION-Motor Vehicle (number} ATTACHMENT TO ~✓ Complaint ~ Cross -Complaint (Use a separafe cause of action form for each cause of action.) Plaintiff (name): CINDY BIANDO 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): 09f 18/2019 at (place): GALLERIA BLVD AT SR 65 OFFRAMP, ROSEVILLE, PLACER COUNTY, CALFORNIA MV- 2. DEFENDANTS a. ~ The defendants who operated a motor vehicle are (names): TIMOTHY THANH NGHIEM DUONG Does 1 to 2S b. ~ The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): 0 Does 1 to 25 c. ~ The defendants who owned the motor vehicle which was operated with their permission are (names): ~ Does 1 to 25 d. ~ The defendants who entrusted the motor vehicle are (names): ~ Does 1 to 25 e. ~ The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): 0 Does 1 to 25 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: CURRENTLY UNKNOWN TO PLAINTIFF 0✓ Does 1 to 25 Page 4 Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION-Motor Vehicle Code of Civil Procedure 425.12 ,ludidal Counci4 of California www.couRin(o.ca.gov PLD-PI-001(1) [Rev. January 1, 2007]
