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Electronically Filed Superior Court of CA County of Contra Costa 7/28/2022 5:02 PM By: M. Macapinlac, Deputy
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
- Joseph Pourshalimy, Esq. (266164), Laura Ames, Esq. (298960)
Law Offices of Joseph Pourshalimy, PC
1429 Westwood Blvd.
Los Angeles, CA 90024
TELEPHONE NO: (800) 442-0996 FAX NO. (Optional): 310-878-2042
E-MAIL ADDRESS (Optional): Laura@LOJP.net
ATTORNEY FOR (Name): Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Contra Costa
STREET ADDRESS: Wakefield Taylor Courthouse
MAILING ADDRESS: 725 Court Street
CITY AND ZIP CODE: Martinez, CA 94553
BRANCH NAME: Civil Division
PLAINTIFF: Zohar Oshri
Per local Rule, This case is assigned to
DEFENDANT: Heaven Shamiya Bates Judge Devine, John P, for all purposes.
[ZJ DOES 1 TO 20
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
D AMENDED (Number):
Type (check all that apply):
[ZJ MOTOR VEHICLE D OTHER (specify):
[ZJ Property Damage D Wrongful Death
[ZJ Personal Injury D Other Damages (specify):
Jurisdiction (check all that apply): CASE NUMBER:
D ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
D
exceeds $10,000, but does not exceed $25,000
D C22-01548
[ZJ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
D ACTION IS RECLASSIFIED by this amended complaint
D from limited to unlimited
D from unlimited to limited
1. Plaintiff (name or names): Zohar Oshri
alleges causes of action against defendant (name or names):
Heaven Shamiya Bates
2. This pleading, including attachments and exhibits, consists of the following number of pages: 8
3. Each plaintiff named above is a competent adult
a. except plaintiff (name):
D
(1) a corporation qualified to do business in California
D
(2) an unincorporated entity (describe):
D
(3) a public entity (describe):
D
(4) D a minor D an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
D
(b) other (specify):
D
(5) other (specify):
D
b. D except plaintiff (name):
(1) D a corporation qualified to do business in California
(2) D an unincorporated entity (describe):
(3) D a public entity (describe):
(4) D a minor D an adult
(a) D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) D other (specify):
(5) D other (specify):
D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California
COMPLAINT-Personal Injury, Property www.courtinfo.ca.gov
PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death
American LegalNet, Inc.
www.FormsWorkflow.com
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Oshri vs. Bates, et al.
4. D 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):
D c. D except defendant (name):
(1) a business organization, form unknown
D (1) D a business organization, form unknown
(2) a corporation
D (2) D a corporation
(3) an unincorporated entity (describe):
D (3) D an unincorporated entity (describe):
(4) D a public entity (describe): (4) D a public entity (describe):
(5) D other (specify): (5) D other (specify):
b. D except defendant (name): d. D except defendant (name):
(1) D a business organization, form unknown (1) D a business organization, form unknown
(2) D a corporation (2) D a corporation
(3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe):
(4) D a public entity (describe): (4) D a public entity (describe):
(5) D other (specify): (5) D other (specify):
D 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. m 1-10
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. m 1-20
Doe defendants (specify Doe numbers):_________________________ are persons whose capacities are unknown to
plaintiff.
7. D Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. D at least one defendant now resides in its jurisdictional area.
b. D the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c.
d.
m injury to person or damage to personal property occurred in its jurisdictional area.
other (specify):
D
9. D Plaintiff is required to comply with a claims statute, and
a. D has complied with applicable claims statutes, or
b. D 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:
Oshri vs. Bates, et al.
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. [ZJ Motor Vehicle
b. [ZJ General Negligence
c. DIntentional Tort
d. DProducts Liability
e. DPremises Liability
f. DOther (specify):
11. Plaintiff has suffered
a. [ZJ wage loss
b. [ZJ loss of use of property
c. [ZJ hospital and medical expenses
d. [ZJ general damage
e. [ZJ property damage
f. [ZJ loss of earning capacity
g. [ZJ other damage (specify):
Emotional Distress
Pain and Suffering, Mental Anguish
12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. D listed in Attachment 12.
b. D 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) [ZJ compensatory damages
(2) punitive damages
D
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) [ZJ according to proof
(2) in the amount of: $
D
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Defendants negligently operated, managed and drove their vehicles causing serious personal injuries
and property damage to Plaintiff.
Date: 07/28/2022
Joseph Pourshalimy, Esq.
(TYPE OR PRINT NAME) • /s/ Joseph Pourshalimy
(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(2)
CASE NUMBER:
SHORT TITLE:
Oshri vs. Bates, et al.
First CAUSE OF ACTION—General Negligence Page 4
(number)
ATTACHMENT TO Complaint D Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Zohar Oshri
alleges that defendant (name): Heaven Shamiya Bates
Does 1 to 20
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): 02/24/2021
at (place): On Highway 24 near I-680 Freeway in Lafayette, California
(description of reasons for liability):
1. Plaintiff was struck by Defendants vehicle.
2. Plaintiff believes and is informed and on that basis alleges that on the above referenced date,
Defendants Heaven Shamiya Bates, and Does 1-20 carelessly and negligently, and without
exercise of due care, ran into the Plaintiffs vehicle, causing personal injuries and property
damage to plaintiff.
3. Defendants negligence was the proximate cause of the accident, which resulted in plaintiffs
damages, as alleged.
4. Plaintiff was seriously injured as a result of the negligence on the part of the Defendants.
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure 425.12
Judicial Council of California CAUSE OF ACTION—General Negligence www.courtinfo.ca.gov
PLD-PI-001(2) [Rev. January 1, 2007]
American LegalNet, Inc.
www.FormsWorkflow.com
PLD-PI-001(1)
SHORT TITLE: CASE NUMBER:
Oshri vs. Bates, et al.
Second CAUSE OF ACTION—Motor Vehicle
(number)
ATTACHMENT TO Complaint D Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): Zohar Oshri
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): 02/24/2021
at (place):
on Highway 24 near 1-680 in Lafayette, California.
MV- 2. DEFENDANTS
a. m
The defendants who operated a motor vehicle are (names):
Heaven Shamiya Bates
Does 1 to 20
b. m The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names):
Heaven Shamiya Bates
m Does 1 to 20
c. m The defendants who owned the motor vehicle which was operated with their permission are (names):
Heaven Shamiya Bates
Does 1 to 20
d. The defendants who entrusted the motor vehicle are (names):
Heaven Shamiya Bates
m Does 1 to 20
e. m The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
Heaven Shamiya Bates
m Does 1 to 20
f. m The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
D listed in Attachment MV-2f m as follows:
Pending Discovery and investigation
m Does 1 to 20 Page 5
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTION—Motor Vehicle Code of Civil Procedure 425.12
www.courtinfo.ca.gov
PLD-PI-001(1) [Rev. January 1, 2007]
American LegalNet, Inc.
www.FormsWorkflow.com
Preview
Electronically Filed Superior Court of CA County of Contra Costa 7/28/2022 5:02 PM By: M. Macapinlac, Deputy PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY - Joseph Pourshalimy, Esq. (266164), Laura Ames, Esq. (298960) Law Offices of Joseph Pourshalimy, PC 1429 Westwood Blvd. Los Angeles, CA 90024 TELEPHONE NO: (800) 442-0996 FAX NO. (Optional): 310-878-2042 E-MAIL ADDRESS (Optional): Laura@LOJP.net ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Contra Costa STREET ADDRESS: Wakefield Taylor Courthouse MAILING ADDRESS: 725 Court Street CITY AND ZIP CODE: Martinez, CA 94553 BRANCH NAME: Civil Division PLAINTIFF: Zohar Oshri Per local Rule, This case is assigned to DEFENDANT: Heaven Shamiya Bates Judge Devine, John P, for all purposes. [ZJ DOES 1 TO 20 COMPLAINT-Personal Injury, Property Damage, Wrongful Death D AMENDED (Number): Type (check all that apply): [ZJ MOTOR VEHICLE D OTHER (specify): [ZJ Property Damage D Wrongful Death [ZJ Personal Injury D Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: D ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 D exceeds $10,000, but does not exceed $25,000 D C22-01548 [ZJ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) D ACTION IS RECLASSIFIED by this amended complaint D from limited to unlimited D from unlimited to limited 1. Plaintiff (name or names): Zohar Oshri alleges causes of action against defendant (name or names): Heaven Shamiya Bates 2. This pleading, including attachments and exhibits, consists of the following number of pages: 8 3. Each plaintiff named above is a competent adult a. except plaintiff (name): D (1) a corporation qualified to do business in California D (2) an unincorporated entity (describe): D (3) a public entity (describe): D (4) D a minor D an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed D (b) other (specify): D (5) other (specify): D b. D except plaintiff (name): (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) D a public entity (describe): (4) D a minor D an adult (a) D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) D other (specify): (5) D other (specify): D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California COMPLAINT-Personal Injury, Property www.courtinfo.ca.gov PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death American LegalNet, Inc. www.FormsWorkflow.com PLD-PI-001 SHORT TITLE: CASE NUMBER: Oshri vs. Bates, et al. 4. D 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): D c. D except defendant (name): (1) a business organization, form unknown D (1) D a business organization, form unknown (2) a corporation D (2) D a corporation (3) an unincorporated entity (describe): D (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other (specify): b. D except defendant (name): d. D except defendant (name): (1) D a business organization, form unknown (1) D a business organization, form unknown (2) D a corporation (2) D a corporation (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) D a public entity (describe): (4) D a public entity (describe): (5) D other (specify): (5) D other (specify): D 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. m 1-10 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. m 1-20 Doe defendants (specify Doe numbers):_________________________ are persons whose capacities are unknown to plaintiff. 7. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. D at least one defendant now resides in its jurisdictional area. b. D the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. d. m injury to person or damage to personal property occurred in its jurisdictional area. other (specify): D 9. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D 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: Oshri vs. Bates, et al. 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. [ZJ Motor Vehicle b. [ZJ General Negligence c. DIntentional Tort d. DProducts Liability e. DPremises Liability f. DOther (specify): 11. Plaintiff has suffered a. [ZJ wage loss b. [ZJ loss of use of property c. [ZJ hospital and medical expenses d. [ZJ general damage e. [ZJ property damage f. [ZJ loss of earning capacity g. [ZJ other damage (specify): Emotional Distress Pain and Suffering, Mental Anguish 12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. D listed in Attachment 12. b. D 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) [ZJ compensatory damages (2) punitive damages D The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) [ZJ according to proof (2) in the amount of: $ D 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Defendants negligently operated, managed and drove their vehicles causing serious personal injuries and property damage to Plaintiff. Date: 07/28/2022 Joseph Pourshalimy, Esq. (TYPE OR PRINT NAME) • /s/ Joseph Pourshalimy (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(2) CASE NUMBER: SHORT TITLE: Oshri vs. Bates, et al. First CAUSE OF ACTION—General Negligence Page 4 (number) ATTACHMENT TO Complaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Zohar Oshri alleges that defendant (name): Heaven Shamiya Bates Does 1 to 20 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): 02/24/2021 at (place): On Highway 24 near I-680 Freeway in Lafayette, California (description of reasons for liability): 1. Plaintiff was struck by Defendants vehicle. 2. Plaintiff believes and is informed and on that basis alleges that on the above referenced date, Defendants Heaven Shamiya Bates, and Does 1-20 carelessly and negligently, and without exercise of due care, ran into the Plaintiffs vehicle, causing personal injuries and property damage to plaintiff. 3. Defendants negligence was the proximate cause of the accident, which resulted in plaintiffs damages, as alleged. 4. Plaintiff was seriously injured as a result of the negligence on the part of the Defendants. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTION—General Negligence www.courtinfo.ca.gov PLD-PI-001(2) [Rev. January 1, 2007] American LegalNet, Inc. www.FormsWorkflow.com PLD-PI-001(1) SHORT TITLE: CASE NUMBER: Oshri vs. Bates, et al. Second CAUSE OF ACTION—Motor Vehicle (number) ATTACHMENT TO Complaint D Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Zohar Oshri 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): 02/24/2021 at (place): on Highway 24 near 1-680 in Lafayette, California. MV- 2. DEFENDANTS a. m The defendants who operated a motor vehicle are (names): Heaven Shamiya Bates Does 1 to 20 b. m The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Heaven Shamiya Bates m Does 1 to 20 c. m The defendants who owned the motor vehicle which was operated with their permission are (names): Heaven Shamiya Bates Does 1 to 20 d. The defendants who entrusted the motor vehicle are (names): Heaven Shamiya Bates m Does 1 to 20 e. m The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Heaven Shamiya Bates m Does 1 to 20 f. m The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are D listed in Attachment MV-2f m as follows: Pending Discovery and investigation m Does 1 to 20 Page 5 Page 1 of 1 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION—Motor Vehicle Code of Civil Procedure 425.12 www.courtinfo.ca.gov PLD-PI-001(1) [Rev. January 1, 2007] American LegalNet, Inc. www.FormsWorkflow.com