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CRAIG A. EDMONSTON, ESQ., S.B.N. 128694
LAW OFFICES OF CRAIG A. EDMONSTON
2204Truxtun Avenue
Bakersfield, CA 93301
(661) 324-1110 Phone (661) 324-1571 Fax
Attorney for Plaintiffs,
SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN
METROPOLITAN DIVISION, UNLIMITED CIVIL
ROSA RIVAS and LEILI ARGUETA a minor CASE NO.: BCV-22-100255
by and through her mother and Legal Guardian]
LILIANA RIVAS,
i. FIRST AMENDED COMPLAINT FOR
Plaintiffs, DAMAGES FOR PERSONAL INJURIES
Vv.
GERALD WEIMER and DOES 1-10, Inclusive}
Defendants,
COME NOW PLAINTIFFS ROSA RIVAS and LEILI ARGUETA a minor by and through
her mother and Legal Guardian LILIANA RIVAS, and complain and allege as follows:
1. Plaintiffs, ROSA RIVAS and LEILI ARGUETA, a minor, date of birth October 27,
2011 by and though her mother and Guardian LILIANA RIVAS, are and at all times
mentioned herein were residents of the County of Kern, State of California.
2. Plaintiffs, ROSA RIVAS and LEILI ARGUETA a minor by and through her
3. mother and Legal Guardian LILIANA RIVAS are informed and believe and thereon
allege, that at all times mentioned herein, defendants GERALD WEIMER and
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FIRST AMENDED COMPLAINT FOR DAMAGES FOR PERSONAL INJURIESoC me ND HW
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DOES 1 through 10, Inclusive and each of them were and are residents of the County
of Kern, State of California.
The true names and identities of defendants designated herein as DOES 1 through 10,
Inclusive and each of them are presently unknown to plaintiffs. Plaintiffs will amend
this complaint to substitute the true names of said defendant, and each of them, when
such true names and identities are ascertained.
Plaintiffs are informed and believe and thereon alleges that at all times herein
mentioned, defendants, GERALD WEIMER and DOES | through 10, inclusive,
and each of them, were the agents, employees, partners, co-partners, joint venturers
of each of the remaining defendant and that all acts and omissions alleged herein
were committed within the course and scope of said agency, employment, etc.
On or about July 13, 2021, Plaintiff, ROSA RIVAS was driving her 2006 Chevrolet
Tahoe and LEILI ARGUETA was the seatbelted right front passenger. Plaintiffs
were driving eastbound on Alfred Harrell Highway, approximately one half mile
east of Hart Park in Kern County, California, when Defendants GERALD WEIMER
and DOES 1-10 Inclusive and each of them, driving the vehicle hereinafter referred
to as defendants’ vehicle negligently owned, operated, inspected, maintained and
entrusted defendants’ vehicle and collided with plaintiffs’ vehicle, so as to cause
plaintiffs, ROSA RIVAS and LEILI ARGUETA, injuries, pain and suffering, and
general damages complained of herein in an amount according to proof.
As a legal result of the negligence of defendants GERALD WEIMER and DOES 1
through 10, Inclusive, and each of them, plaintiff ROSA RIVAS has sustained past,
present and future wage loss and impairment of earning capacity in an amount
according to proof.
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FIRST AMENDED COMPLAINT FOR DAMAGES FOR PERSONAL INJURIESN
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8. As a further legal result of the negligence of defendants, GERALD WEIMER and
DOES 1 through 10, Inclusive, and each of them, plaintiffs, ROSA RIVAS and
LEILI ARGUETA, have incurred and will continue to incur medical and hospital
expenses and bills in an amount according to proof.
WHEREFORE, Plaintiffs, ROSA RIVAS and LEILI ARGUETA aminor by and through her
mother and Legal Guardian Ad Litem LILIANA RIVAS, pray for judgment against defendants,
GERALD WEIMER and DOES 1-10 and each of them as follows:
I. For general damages according to proof;
2 For special damages according to proof;
3. For cost of suit incurred herein;
4. For interest awardable by law;
3s For such other and further relief as the Court deems just and proper.
Dated: April 20, 2022 LAW OFFICES OF CRAIG A. EDMONSTON
Trek C_
By:
Craig A. Edmonston, Esq.
Attorney for Plaintiffs,
Rosa Rivas and Leili Argueta
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FIRST AMENDED COMPLAINT FOR DAMAGES FOR PERSONAL INJURIES.
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Rw N Co Om IN Hw 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CRAIG A. EDMONSTON, ESQ., S.B.N. 128694 LAW OFFICES OF CRAIG A. EDMONSTON 2204Truxtun Avenue Bakersfield, CA 93301 (661) 324-1110 Phone (661) 324-1571 Fax Attorney for Plaintiffs, SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN METROPOLITAN DIVISION, UNLIMITED CIVIL ROSA RIVAS and LEILI ARGUETA a minor CASE NO.: BCV-22-100255 by and through her mother and Legal Guardian] LILIANA RIVAS, i. FIRST AMENDED COMPLAINT FOR Plaintiffs, DAMAGES FOR PERSONAL INJURIES Vv. GERALD WEIMER and DOES 1-10, Inclusive} Defendants, COME NOW PLAINTIFFS ROSA RIVAS and LEILI ARGUETA a minor by and through her mother and Legal Guardian LILIANA RIVAS, and complain and allege as follows: 1. Plaintiffs, ROSA RIVAS and LEILI ARGUETA, a minor, date of birth October 27, 2011 by and though her mother and Guardian LILIANA RIVAS, are and at all times mentioned herein were residents of the County of Kern, State of California. 2. Plaintiffs, ROSA RIVAS and LEILI ARGUETA a minor by and through her 3. mother and Legal Guardian LILIANA RIVAS are informed and believe and thereon allege, that at all times mentioned herein, defendants GERALD WEIMER and 1 FIRST AMENDED COMPLAINT FOR DAMAGES FOR PERSONAL INJURIESoC me ND HW 10 ia 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOES 1 through 10, Inclusive and each of them were and are residents of the County of Kern, State of California. The true names and identities of defendants designated herein as DOES 1 through 10, Inclusive and each of them are presently unknown to plaintiffs. Plaintiffs will amend this complaint to substitute the true names of said defendant, and each of them, when such true names and identities are ascertained. Plaintiffs are informed and believe and thereon alleges that at all times herein mentioned, defendants, GERALD WEIMER and DOES | through 10, inclusive, and each of them, were the agents, employees, partners, co-partners, joint venturers of each of the remaining defendant and that all acts and omissions alleged herein were committed within the course and scope of said agency, employment, etc. On or about July 13, 2021, Plaintiff, ROSA RIVAS was driving her 2006 Chevrolet Tahoe and LEILI ARGUETA was the seatbelted right front passenger. Plaintiffs were driving eastbound on Alfred Harrell Highway, approximately one half mile east of Hart Park in Kern County, California, when Defendants GERALD WEIMER and DOES 1-10 Inclusive and each of them, driving the vehicle hereinafter referred to as defendants’ vehicle negligently owned, operated, inspected, maintained and entrusted defendants’ vehicle and collided with plaintiffs’ vehicle, so as to cause plaintiffs, ROSA RIVAS and LEILI ARGUETA, injuries, pain and suffering, and general damages complained of herein in an amount according to proof. As a legal result of the negligence of defendants GERALD WEIMER and DOES 1 through 10, Inclusive, and each of them, plaintiff ROSA RIVAS has sustained past, present and future wage loss and impairment of earning capacity in an amount according to proof. 2 FIRST AMENDED COMPLAINT FOR DAMAGES FOR PERSONAL INJURIESN YA WwW BB w 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. As a further legal result of the negligence of defendants, GERALD WEIMER and DOES 1 through 10, Inclusive, and each of them, plaintiffs, ROSA RIVAS and LEILI ARGUETA, have incurred and will continue to incur medical and hospital expenses and bills in an amount according to proof. WHEREFORE, Plaintiffs, ROSA RIVAS and LEILI ARGUETA aminor by and through her mother and Legal Guardian Ad Litem LILIANA RIVAS, pray for judgment against defendants, GERALD WEIMER and DOES 1-10 and each of them as follows: I. For general damages according to proof; 2 For special damages according to proof; 3. For cost of suit incurred herein; 4. For interest awardable by law; 3s For such other and further relief as the Court deems just and proper. Dated: April 20, 2022 LAW OFFICES OF CRAIG A. EDMONSTON Trek C_ By: Craig A. Edmonston, Esq. Attorney for Plaintiffs, Rosa Rivas and Leili Argueta 3 FIRST AMENDED COMPLAINT FOR DAMAGES FOR PERSONAL INJURIES.