Complaint

Cal. Super. - 3rd Dist.June 9, 2021

PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO.(Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: DOES 1 TO COMPLAINT-Personal Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): MOTOR VEHICLE OTHER (specify): Property Damage Wrongful Death Personal Injury Other Damages (specify): 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 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): alleges causes of action against defendant (name or names): 2. This pleading, including attachments and exhibits, consists of the following number of pages: 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) 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): b. except plaintiff (name): (1) 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 Form Approved for Optional Use COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death John A. Mason 166996 / Daniel T. Platt 301772 Gurnee Mason Rushford Bonotto & Forestiere 2240 Douglas Blvd., Suite 150 Roseville, CA 95661 (916) 797-3100 (916) 797-3131 john@gurneelaw.com /dplatt@gurneelaw.com Rory Airheart Placer 10820 Justice Center Dr. P.O. Box 619072 Roseville, CA 95661 HON. HOWARD G. GIBSON COURTHOUSE Rory Airheart Jackie Kramek X 10 X X X X Rory Airheart Jackie Kramek Five Airheart v. Kramek LLP PLD-PI-001 SHORT TITLE: 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): 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): 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. 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. 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. is excused from complying because (specify): PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 Damage, Wrongful Death Airheart v. Kramek X X 1-10, inclusive X 1-10, inclusive X Airheart v. Kramek PLD-PI-001 SHORT TITLE: c,asE NunnsER: Airheart v. Kramek 10. The following causes of action are attached and the statements above apply to each (each complaint mush have one or more causes of action attached): a. ~ Motor Vehicle b. ~ General Negligence c. Q Intentional Tort d. Q Products Liability e. Q Premises Liability f. Q Other (specify) 11. Plaintiff has suffered a. Q wage loss b. ~ loss of use of property c. ~ hospital and medical expenses d. ~ general damage e. ~ property damage f. Q loss of earning capacity g. Q other damage (specify) 12. Q The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. Q listed in Attachment 12. b. Q 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) Q punitive damages The amount of damages is (in cases for personal injury ar wrongful death, you must check (9)): (1) ~ according to proof (2) Q in the amount of: $ 15. Q The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: June 9 , 2 0 21 ~T~hn A _ Mammon , F~cr . ' (TYPE OR PRINT NAME) {SIGNATURE OF PLAINTIFF OR ATTORNEY) PLO-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Pr6perty Page 3 of 3 COQ Essential Damage, Wrongful Death Airheart v. Kramek cebcom ;=~ FOJ7YIS' PLD-PI-001(1) SHORT TITLE: CASE NUMBER: CAUSE OF ACTION- Motor Vehicle Page (number) ATTACHMENT TO Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): 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): at (place): MV-2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Does to b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Does to c. The defendants who owned the motor vehicle which was operated with their permission are (names): Does to d. The defendants who entrusted the motor vehicle are (names): Does to e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Does to 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 Form Approved for Optional Use Code of Civil Procedure § 425.12 Judicial Council of California CAUSE OF ACTION - Motor Vehicle PLD-PI-001(1) [Rev. January 1, 2007] Page 1 of 1 www.courtinfo.ca.gov Airheart v. Kramek One X Rory Airheart June 15, 2019 Todd Valley Rd, north of Cold Springs Rd, in Foresthill, California. X Jackie Adeline Kramek X 1 10 X X 1 10 X Jackie Adeline Kramek X 1 10 X X 1 10 X X 1 10 4 Airheart v. Kramek PLD-PI-001(2) SHORT TITLE: CASE NUMBER: CAUSE OF ACTION- General Negligence Page (number) ATTACHMENT TO Complaint Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name) : alleges that defendant (name) : Does to 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): at (place): (description of reasons for liability) : Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of California PLD-PI-001(2) [Rev. January 1, 2007] Page 1 of 1 www.courtinfo.ca.gov Airheart v. Kramek Two 5 X Rory Airheart Jackie Kramek X 1 10 June 15, 2019 Todd Valley Rd, north of Cold Springs Rd, in Foresthill, California. Defendant Jackie Kramek acted negligently by falling below the standard of care required for the operator of a motor vehicle. Defendant Jackie Kramek's conduct in failing to maintain control of her vehicle, crossing over a double yellow line as marked on the Todd Valley Road roadway, and driving in the lane of travel designated for oncoming traffic was dangerous and necessitated Plaintiff Rory Airheart take emergency evasive action which resulted in his laying his motorcycle down to avoid impacting Defendant's vehicle in his lane of travel. Defendant's actions directly resulted in the injuries to Plaintiff. Airheart v. Kramek