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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar nomaer and address): FOR COURT USE ONLY
PATRICK WACHS
1710 High Street
Delano, CA 93215
TELEPHONE ND.. (661) 229-5868 FAX No.(optional(i
E.MAIL ADDRESS (Oplionalir
ATTORNEY FOR(Name(i Plaiilti(T', In PrO Per
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
sTREETADDREss; 1215 Truxton Avenue
MAILINGADDREse 1215 Truxton Avenue
cnv AND ze coDE:13akersf(c)d, CA 93301
tlRANDH NAME:METROPOLITAN DIVISION
PLAINTIFF: PATRICK WACHS
DEFENDANT: CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRAN S)
[Q DOES 1 TO
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
Type
~ AMENDED (Numbez):
(check all that app/y):
~ MOTOR VEHICLE
~ Property Damage
~ OTHER (specify)2
~ Wrongful Death
Premises Liability, General
Negligence
~ Personal Injury ~ Other Damages (specify)(
Loss of Wages
Jurisdiction (check all that apply): CASE NUMBER:
CI 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): PATRICK WACHS
alleges causes of action against defendant (name ornames): CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) and DOES I to 10, INCLUSIVE.
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)i
(1)~ a corporation qualified to do business in California
(2)~
~
an unincorporated entity (describe):
a public entity (describe)i
(3)
(4)~ a minor
(a)~ ~ an adult
for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(5)C3
(b)~ other (specify):
other (specify)i
b. ~ except plaintiff (name)i
~ a corporation qualified to do business in California
(1)
(2) ~
~
an unincorporated entity (describe):
a public entity (describe)
(3)
(4) ~ a minor
~ ~ an adult
for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(5) ~
(a)
(b) ~ other (speciiy)i
other (specify):
~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
PB I fs
Form App df Optional Us COMPLAINT-Personal Injury, Property Prosed, 0 420.12
Co de of Carl
f(
dl of c tifornla
Jod d I co FR Essential t n .ca.por
PLDmooot IRee. J
~
ary I, 2002( FB3 Ferms Damage, Wrong fui Death
SHORT TITLE: CASE ~ IJMBER;
WACHS v. CA DEPT OF TRANSPORTATION
4. ~ Plaintiff (name):
is doingbusiness 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):
CALIFORNIA DEPARTMENT OF TRANSPORTATION
c. ~ except defendant (name):
(1)
(2)
~
~
a business organization, form unknown
a corporation
(1)
(2)
CI
~
a business organization, form unknown
a corporation
(3) ~ an unincorporated entity (describe): (3) ~ an unincorporated entity (describe):
(4) ~ a public entity (describe): {4) ~ a public entity (descnbe):
(5) ~ other (specify):
Governmental Agency: Executive Department
(5) ~ other (specify):
of the U.S. State of California and/or
California State Transportation Agency
b. ~ except defendant (name): d. ~ except defendant (name):
(1) ~
Cl
a business organization, form unknown
a corporation
(1) ~
~
a business organization, form unknown
a corporation
(2)
(3) ~ an unincorporated entity (describe):
(2)
(3) ~ an unincorporated entity (describe):
(4) ~ a public entity (describe): (4) ~ a public entity (describe):
(5) ~ other (specify): (5) ~ other (specify):
6.
~ Information about additional defendants who are not natural persons is contained in Attachment 5.
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):
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.
b.
~
~
at least one defendant now resides in its jurisdictional area.
the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c.
d.
~
~ injury to person or damage to personal property occurred in its jurisdictional area.
other (specify);
9. ~~
a.
Plaintiff is required to comply with a claims statute, and
has complied with applicable claims statutes, or
b.~ is excused from complying because (specify):
Jaaaata i, 2007i
PLD-Pl-001 iRav. COMPLAINT-Personal Injury, Property P090 2 af 3
( jjB; Essential Damage, Wrongful Death Wachs, Patrick
Forms.
SHORT TITLE: CASE NUMBER:
WACIIS v. CA DEPT OF TRANSPORTATION
1(L The following causes of action are attached and the statements above apply to each (each complaint must have one ormore
causes of action attached):
a.
b.
~
~
Motor Vehicle
General Negligence
c.
d.
~
Cl
Intentional Tort
Products Liability
e.
f.
~
~
Premises Liability
Other (specify);
11. Plaintiff has suffered
a.
b.
~
~ wage loss
loss of use of property
c.
d.
~
~
hospital and medical expenses
general damage
e.
f.
~
~ property damage
loss of earning capacity
g. ~ other damage (specify):
12. ~
a.
The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
~ 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)
(2)
~
~
compensatory damages
punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1)
(2)
~
~ according to proof
in the amount of: $
15. ~ The paragraphs of this complaint alleged on information and belief are as follows
5
(specify paragraph numbers):
Date) 06/10/2022
Patrick, gfrtdts
ITVPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
JaoaaO I, 2007)
PLO-Pl-001 )Ref. COMPLAINT-Personal Injury, Property Page 3 of 3
( fQ Essential Damage, Wrongful Death Wachs, Patrick
cw.c~ HPOrme
SHORT TITLE: CASE ~ UMBER:
WACHS v. CA DEPT OF TRANSPORTATION
cAUSE QF AGTIQN- General Negligence p 0 d
(number)
ATTACHMENT TO ~ Complaint ~ Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): PATRICK WACHS
aiieges that defendant (name): CA DEPARTMENT OF TRANSPORTATION (CALTRANS)
Zl 0 1 t 5
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 (dale): June 20, 2021
at (place): 2343 Girard St., Delano, CA 93215
(descri ption of reasons for liability)
Defendants owe Plaintiff a duty of care by maintaining trees on it's land abutting property on which
the public is invited to use. Defendant's breached their duty of care by failing to properly maintain trees on
it's property resulting in a tree falling on Plaintiff's vehicle. Defendant sustained damages to his vehicle and
loss of work and wages due to his work vehicle being disabled as a result of the Defendant's negligence.
Page1of 1
Folrrl Approved for Opfronal Uca CAUSE OF ACTION- General Negligence CodeofcrIProced ree2512
Judreel Council of Calrfomia www.coure'o. a g
ILf g'aaential
PLC-Pf-001(2) IRev. January 1, 2007I
caacom 8FO~+ Wachs, Patrick
SHORT TITLE: CASE NUMBER:
~
WACkIS v. CA DEPT OF TRANSPORTATION
CAUSE OF ACTION -Premises L[Bbi[[t)/ Page
(number)
ATTACHMENT TO ~ Complaint ~ Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (name):PATRICK WACIIS
alleges the acts of defendants were the legal (proximate) cause of damages lo plaintiff.
On (date); June 20, 2021 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
Defendants own and/or are responsible to maintain trccs located on property abutting a public parking lot
located at 2343 Girard Strcct, Delano, CA 93215, which the public is authorized to utilize. Defendants
have a duty to ensure the safety of invited guests and visitors. Defendants werc negligent in properly
maintaining trees on their property or failed to warn Plaintiff of potential hazards and as a result should dc
held legally liable for the damage to Plaintiffs vehicle and Plaintiffs loss of wages as a result a trcc
located on Defendant's property falling on Plaintiffs work vehicle.
Prem.L-2. ~ Count One-Negligence The defendants who negligently owned, maintained, managed and operated
the described premises were (names):
CA Dcpartmcnt of Transportation (CalTrans)
ut o
Prem.L-3. ~ Count Two-Willful Failure to Warn [Civil Code section 846[
maliciously failed to guard or warn against a dangerous
The defendant owners who willfully or
condition, Use, structure, or activitywere
Prem.L-4. ~
(names):
goo ~
CA Departmen of Transportation (Ca[Trans)
4
~
Plaintiff, a recreational user, was an invited guest ~ a paying guest.
Count Three-Dangerous Condition of Public Property The defendants who owned public property on
which a dangerous condition existed were (names):
CA Dcpartmcnt of Transportation (CalTrans)
gu o
a.~ The defendant public entity had ~ actual ~ constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b.~ The condition was created by employees of the defendant public entity.
Prem.L-5. a.~ Allegations about Other Defendants The defendants who were the agents and employees of the other
defendants and acted within the scope of the agency were (names):
~ ut
o f i ill
b. The defendants who are liable to plaintiffs for other reasons and thereasons for their liability are
~ described in attachment Prem.L-5.b ~ as follows (names):
Page1of 1
Pioced,!I 425.12
Code of Civil
CAUSE PF ACTIPN - Premises Liabiiity www cooifiefo.ce.gov
Wachs, Patrick
Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar nomaer and address): FOR COURT USE ONLY PATRICK WACHS 1710 High Street Delano, CA 93215 TELEPHONE ND.. (661) 229-5868 FAX No.(optional(i E.MAIL ADDRESS (Oplionalir ATTORNEY FOR(Name(i Plaiilti(T', In PrO Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN sTREETADDREss; 1215 Truxton Avenue MAILINGADDREse 1215 Truxton Avenue cnv AND ze coDE:13akersf(c)d, CA 93301 tlRANDH NAME:METROPOLITAN DIVISION PLAINTIFF: PATRICK WACHS DEFENDANT: CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRAN S) [Q DOES 1 TO COMPLAINT-Personal Injury, Property Damage, Wrongful Death Type ~ AMENDED (Numbez): (check all that app/y): ~ MOTOR VEHICLE ~ Property Damage ~ OTHER (specify)2 ~ Wrongful Death Premises Liability, General Negligence ~ Personal Injury ~ Other Damages (specify)( Loss of Wages Jurisdiction (check all that apply): CASE NUMBER: CI 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): PATRICK WACHS alleges causes of action against defendant (name ornames): CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) and DOES I to 10, INCLUSIVE. 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)i (1)~ a corporation qualified to do business in California (2)~ ~ an unincorporated entity (describe): a public entity (describe)i (3) (4)~ a minor (a)~ ~ an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (5)C3 (b)~ other (specify): other (specify)i b. ~ except plaintiff (name)i ~ a corporation qualified to do business in California (1) (2) ~ ~ an unincorporated entity (describe): a public entity (describe) (3) (4) ~ a minor ~ ~ an adult for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (5) ~ (a) (b) ~ other (speciiy)i other (specify): ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. PB I fs Form App df Optional Us COMPLAINT-Personal Injury, Property Prosed, 0 420.12 Co de of Carl f( dl of c tifornla Jod d I co FR Essential t n .ca.por PLDmooot IRee. J ~ ary I, 2002( FB3 Ferms Damage, Wrong fui Death SHORT TITLE: CASE ~ IJMBER; WACHS v. CA DEPT OF TRANSPORTATION 4. ~ Plaintiff (name): is doingbusiness 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): CALIFORNIA DEPARTMENT OF TRANSPORTATION c. ~ except defendant (name): (1) (2) ~ ~ a business organization, form unknown a corporation (1) (2) CI ~ a business organization, form unknown a corporation (3) ~ an unincorporated entity (describe): (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): {4) ~ a public entity (descnbe): (5) ~ other (specify): Governmental Agency: Executive Department (5) ~ other (specify): of the U.S. State of California and/or California State Transportation Agency b. ~ except defendant (name): d. ~ except defendant (name): (1) ~ Cl a business organization, form unknown a corporation (1) ~ ~ a business organization, form unknown a corporation (2) (3) ~ an unincorporated entity (describe): (2) (3) ~ an unincorporated entity (describe): (4) ~ a public entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (5) ~ other (specify): 6. ~ Information about additional defendants who are not natural persons is contained in Attachment 5. 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): 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. b. ~ ~ at least one defendant now resides in its jurisdictional area. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. d. ~ ~ injury to person or damage to personal property occurred in its jurisdictional area. other (specify); 9. ~~ a. Plaintiff is required to comply with a claims statute, and has complied with applicable claims statutes, or b.~ is excused from complying because (specify): Jaaaata i, 2007i PLD-Pl-001 iRav. COMPLAINT-Personal Injury, Property P090 2 af 3 ( jjB; Essential Damage, Wrongful Death Wachs, Patrick Forms. SHORT TITLE: CASE NUMBER: WACIIS v. CA DEPT OF TRANSPORTATION 1(L The following causes of action are attached and the statements above apply to each (each complaint must have one ormore causes of action attached): a. b. ~ ~ Motor Vehicle General Negligence c. d. ~ Cl Intentional Tort Products Liability e. f. ~ ~ Premises Liability Other (specify); 11. Plaintiff has suffered a. b. ~ ~ wage loss loss of use of property c. d. ~ ~ hospital and medical expenses general damage e. f. ~ ~ property damage loss of earning capacity g. ~ other damage (specify): 12. ~ a. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are ~ 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) (2) ~ ~ compensatory damages punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) (2) ~ ~ according to proof in the amount of: $ 15. ~ The paragraphs of this complaint alleged on information and belief are as follows 5 (specify paragraph numbers): Date) 06/10/2022 Patrick, gfrtdts ITVPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) JaoaaO I, 2007) PLO-Pl-001 )Ref. COMPLAINT-Personal Injury, Property Page 3 of 3 ( fQ Essential Damage, Wrongful Death Wachs, Patrick cw.c~ HPOrme SHORT TITLE: CASE ~ UMBER: WACHS v. CA DEPT OF TRANSPORTATION cAUSE QF AGTIQN- General Negligence p 0 d (number) ATTACHMENT TO ~ Complaint ~ Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): PATRICK WACHS aiieges that defendant (name): CA DEPARTMENT OF TRANSPORTATION (CALTRANS) Zl 0 1 t 5 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 (dale): June 20, 2021 at (place): 2343 Girard St., Delano, CA 93215 (descri ption of reasons for liability) Defendants owe Plaintiff a duty of care by maintaining trees on it's land abutting property on which the public is invited to use. Defendant's breached their duty of care by failing to properly maintain trees on it's property resulting in a tree falling on Plaintiff's vehicle. Defendant sustained damages to his vehicle and loss of work and wages due to his work vehicle being disabled as a result of the Defendant's negligence. Page1of 1 Folrrl Approved for Opfronal Uca CAUSE OF ACTION- General Negligence CodeofcrIProced ree2512 Judreel Council of Calrfomia www.coure'o. a g ILf g'aaential PLC-Pf-001(2) IRev. January 1, 2007I caacom 8FO~+ Wachs, Patrick SHORT TITLE: CASE NUMBER: ~ WACkIS v. CA DEPT OF TRANSPORTATION CAUSE OF ACTION -Premises L[Bbi[[t)/ Page (number) ATTACHMENT TO ~ Complaint ~ Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name):PATRICK WACIIS alleges the acts of defendants were the legal (proximate) cause of damages lo plaintiff. On (date); June 20, 2021 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): Defendants own and/or are responsible to maintain trccs located on property abutting a public parking lot located at 2343 Girard Strcct, Delano, CA 93215, which the public is authorized to utilize. Defendants have a duty to ensure the safety of invited guests and visitors. Defendants werc negligent in properly maintaining trees on their property or failed to warn Plaintiff of potential hazards and as a result should dc held legally liable for the damage to Plaintiffs vehicle and Plaintiffs loss of wages as a result a trcc located on Defendant's property falling on Plaintiffs work vehicle. Prem.L-2. ~ Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): CA Dcpartmcnt of Transportation (CalTrans) ut o Prem.L-3. ~ Count Two-Willful Failure to Warn [Civil Code section 846[ maliciously failed to guard or warn against a dangerous The defendant owners who willfully or condition, Use, structure, or activitywere Prem.L-4. ~ (names): goo ~ CA Departmen of Transportation (Ca[Trans) 4 ~ Plaintiff, a recreational user, was an invited guest ~ a paying guest. Count Three-Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): CA Dcpartmcnt of Transportation (CalTrans) gu o a.~ The defendant public entity had ~ actual ~ constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b.~ The condition was created by employees of the defendant public entity. Prem.L-5. a.~ Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): ~ ut o f i ill b. The defendants who are liable to plaintiffs for other reasons and thereasons for their liability are ~ described in attachment Prem.L-5.b ~ as follows (names): Page1of 1 Pioced,!I 425.12 Code of Civil CAUSE PF ACTIPN - Premises Liabiiity www cooifiefo.ce.gov Wachs, Patrick