Preview
UME
San Francisco Superior Courts
Information Technology Group
Document Scanning Lead Sheet
Jan-31-2005 11:04 am
Case Number: CGC-05-438253
Filing Date: Jan-31-2005 10:45
Juke Box: 001 Image: 01128152
COMPLAINT
TERESITA DASALLA et al VS. RUBERT URBINA et al
001001128152
Instructions:
Please place this sheet on top of the document to be scanned.982.1(4
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, stale number, and address): FOR COURT USE ONLY ‘tt
| DINAH Y. HAMMOND, SBN 173426
JOSEPH COOPER LAW CORPORATION
1310 H STREET
SACRAMENTO, CA 95814
‘reepHone No. 916-441-5300 FAX NO. (Optional): : y
E-MAIL ADDRESS (Optional): 4
ATTORNEY FOR (Name: PlLaintif fs San Francisco County Superior Suk
Name oF court: SAN FRANCISCO COUNTY SUPERIOR COURT
srreeraooness 400 McAllister Street JAN 3 1 2005
mauincaporess: 400 McAllister Street
cee noow cove San Francisco, CA 94102-4514 | GORDON PARK-LI, Clerk
PP pee,
prancu name: CIVIL DIVISION BY: fet Pes
PLAINTIFF: TERESITA DASALLA, SONNY POBRE, JR., a minor, Deputy Clerk
by and through his Guardian Ad Litem, SONNY POBRE, SR.
NO SUMMONS ISSUED
DEFENDANT: RUBERT URBINA
yo poes 170.30 CASE MANAGEMENT CONFERENCE BET
COMPLAINT — Personal Injury, Property Damage, Wrongful Death PLANT JUL 0 1 2005 90;
|__| AMENDED (Number):
Type (check all that apply): DEPARTMENT 212
{X-] MOTOR VEHICLE OTHER (specify): GENERAL NEGLIGENCE
| Property Damage [_] Wrongful Death
| Personal Injury {__) Other Damages (specify):
4
Jurisdiction (check all that apply): TT
[} ACTIONIS A LIMITED CIVIL CASE CASE NUMBER:
Amount demanded does not exceed $10,000
(-_] exceeds $10,000, but does not exceed $25,000
[1] ACTION IS AN UNLIMITED CIVIL eee (exceeds $25,000) § GEG 0 3 4 3 8 2 5 3
- CTION IS RECLASSIFIED by this amended complaint
|| from limited to unlimited
from unlimited to limited
. PLAINTIFF (name): TERESITA DASALLA, SONNY POBRE, JR.
alleges causes of action against DEFENDANT (name): RUBERT URBINA
2. This pleading, including attachments and exhibits, consists of the following number of pages: 6
3. Each plaintiff named above is a competent adult
a. LX) except plaintiff (name): SONNY POBRE, JR.
(1) [__) a corporation qualified to do business in California
(2) [__] an unincorporated entity (describe):
(3) |_| a public entity (describe):
(4) (X) aminor __| an adult
(a) |X for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) |_] other (specify):
(6) [__| 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 Complaint — Attachment 3. page 1 of3
Civ Procedure,
Form Approved (OR tara COMPLAINT — Personal Injury, Property TAG n Code of Givi Procedure, § 425.12
982.1(1) Re uly 4, 2002] Damage, Wrongful DeathSHORT TITLE: DASALLA v- URBINA™
CASE NUMBER:
laintiff (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):
a business organization, form unknown
a corporation
_ jan unincorporated entity (describe):
a public entity (describe):
| other (specify):
b. ___| except defendant (name):
(A) CI a business organization, form unknown
(2) |__| acorporation
(3) [_] an unincorporated entity (describe):
(4) {ja public entity (describe):
(5) |__| other (specify):
c. [__] except defendant (name):
(1) (_] abusiness organization, form unknown
(2) (__| a corporation
(3) |_| an unincorporated entity (describe):
(4) (Ja public entity (describe):
(5) (__| other (specify):
d. {__} except defendant (name):
(A) Ci a business organization, form unknown
(2) [|__| a corporation
(3) (Jan unincorporated entity (describe):
(4) (_] a public entity (describe):
(5) [__] other (specify):
("J Information about additional defendants who are not natural persons is contained in Complaint — Attachment 5.
6. The true names and capacities of defendants sued as Does are unknown to plaintiff.
7.) Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
»
oo
a
__| other (specify):
9.{ _ | Plaintiff is required to comply with a claims statute, and
a __ plaintiff has complied with applicable claims statutes, or
b. 5 plaintiff is excused from complying because (specify):
| at least one defendant now resides in its jurisdictional
the principal place of business of a defendant corpora’
area.
tion or unincorporated association is in its jurisdictional area.
. CX_| injury to person or damage to personal property occurred in its jurisdictional area.
32.117) (Rev. July 1, 2002]
COMPLAINT — Personal Injury, Property
Damage, Wrongful DeathSHORT TITLE: DASALLA v. URB aA ~ CASE NUMBER:
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. |X} Motor Vehicle
b. _X | General Negligence
c. |__| Intentional Tort
“| Products Liability
Premises Liability
Other (specify):
11. Plaintiff has suffered
a. wage loss
b. _X | loss of use of property
c. |X| hospital and medical expenses
d. general damage
e property damage
f. loss of earning capacity
g.
x | other damage (specify): PAIN, SUFFERING, EMOTIONAL DISTRESS
12.,._, The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a | listed in Complaint — Attachment 12.
b. __j as follows:
43. The relief sought in this complaint is within the jurisdiction of this court.
44, PLAINTIFF PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) (XJ compensatory damages
(2) {__! punitive damages
b. The amount of damages is (you must check (1) in cases for personal injury or wrongful death):
(1) |X] according to proof
(2) |__| inthe amount of: $
45. |__| The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: 1-27-2005
+
DINAH Y. HAMMOND » = IAs |} —_—d
(TYPE OR PRINT NAME) (SIGNATURE OF: ‘LAI ‘F OR ATTORNEY)
962.1(1) (Rev. July 1, 2002] COMPLAINT — Personal Injury, Property Page S of 3
Damage, Wrongful DeathSHORTTITLE, DASALLA v. URBIWA CASE NUMBER:
FIRST SC CAUSE OF ACTION - Motor Vehicle Page 4___
(number)
ATTACHMENT TO [_X | Complaint (__]Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): TERESITA DASALLA, SONNY POBRE, JR.
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): 2-02-2003
at (place): 100 FEET SOUTH OF I-80, WESTBOUND MERGE TO SOUTHBOUND US-101, SAN
FRANCISCO, CA
MV-2. DEFENDANTS
a. _X_) The defendants who operated a motor vehicle are (names): RUBERT URBINA
[X] Does 1 to 30
b.[_X_] The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names):
-X | Does 1 to 30
c. [X |The defendants who owned the motor vehicle which was operated with their permission are (names):
RUBERT URBINA
X | Does 1 to 30
d. [X_] The defendants who entrusted the motor vehicle are (names):
[X] Does 1 to 30
e. [X_|The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
[X] Does 1 to 30
f. [X_| The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
listed in Attachment MV-2f
SEE SECOND CAUSE OF ACTION INCORPORATED HEREWITH
[x] Does 1 to 30
“unload Cae of Catoria CAUSE OF ACTION - Motor Vehicle Legal cop 428.12
‘Effective January 1, 1982 Solut
Rule 982.1(2)
is
wuoset 1) ta busSHORT TITLE: CASE NUMBER:
DASALLA v. URBINA
SECOND CAUSE OF ACTION - General Negligence Page_5
(number)
ATTACHMENT TO [XJ Complaint (Cross-Compiaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): TERESITA DASALLA, SONNY POBRE, JR.
alleges that defendant (name): RUBERT URBINA
{Xl Does 1 sto. 3.0.
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): 2-02-2003
at (place): 100 FEET SOUTH OF I-80, WESTBOUND MERGE TO SOUTHBOUND us-101,
SAN FRANCISCO, CA
(description of reasons for liability):
PLAINTIFF HEREBY INCORPORATES ALL ALLEGATIONS MADE IN PLAINTIFF'S FIRST CAUSE OF
ACTION. SEE ATTACHMENT GN-1.
wacuroarett cole ;
ufo Cavett cara
wai Cel of Clon CAUSE OF ACTION - General Negligence sobs co a2s2
Rule 982.1(3) te lus
eeDASALLA v. URBINA Page 6
GN-1 Attachment
1. At said time and place, Defendants and each of them, so carelessly, recklessly, and negligently
owned, controlled, entrusted, maintained, managed, repaired, manufactured, designed, and/or
operated a motor vehicle or committed some other negligent act so as to cause serious injury and
damages to Plaintiffs.
2. At said time and place, Defendants, and each of them, violated laws, ordinances, regulations,
rules and or policies or committed some act that contributed and or caused injury to Plaintiffs.
3. The true names and capacities of the fictitious Defendants are unknown to Plaintiffs, but such
Defendants, and each of them, are responsible in some manner for the events and happenings
herein referred to and were the proximate cause of the injuries and damages suffered by Plaintiffs as
herein alleged.
4. Asa tesult of the negligence, acts, inactions, and ot violations of the Defendants, and each of
them, Plaintiffs suffered serious injuries and damages as herein alleged.
5. As a proximate result of the negligent conduct of Defendants, and each of them, as herein
alleged, Plaintiffs have sustained serious and permanent injuries to their health, strength and activity,
severe shock to their nervous systems, and were caused to suffer extreme physical and mental pain
and suffering to their genetal damages within the jurisdictional limits of this court.
6. Asa further proximate result of the negligence of the Defendants, and each of them, Plaintiffs
were required to and did employ physicians and surgeons to examine, treat and care for them, and
did incur medical and incidental expenses, the exact amount of which is unknown to Plaintiffs at
this time.
7. Asa further proximate result of the negligence of the Defendants, and each of them, Plaintiffs
were prevented from attending their usual occupations, and are informed and believe and thereon
allege that they will be prevented from attending their usual occupations for a period in the future to
their damage in a sum not yet ascertained.
8. As a further proximate result of the negligence of the Defendants, and each of them, Plaintiffs’
automobile was damaged in a sum according to proof at trial. Immediately prior to and at the time
of the collision, plaintiffs’ automobile was in good mechanical condition. As a further proximate
result of the negligence of the Defendants, and each of them, as herein alleged, plaintiffs lost the use
of their automobile for an undetermined period of time and were thereby damaged in an amount
according to proof at trial.
Preview
UME San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Jan-31-2005 11:04 am Case Number: CGC-05-438253 Filing Date: Jan-31-2005 10:45 Juke Box: 001 Image: 01128152 COMPLAINT TERESITA DASALLA et al VS. RUBERT URBINA et al 001001128152 Instructions: Please place this sheet on top of the document to be scanned.982.1(4 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, stale number, and address): FOR COURT USE ONLY ‘tt | DINAH Y. HAMMOND, SBN 173426 JOSEPH COOPER LAW CORPORATION 1310 H STREET SACRAMENTO, CA 95814 ‘reepHone No. 916-441-5300 FAX NO. (Optional): : y E-MAIL ADDRESS (Optional): 4 ATTORNEY FOR (Name: PlLaintif fs San Francisco County Superior Suk Name oF court: SAN FRANCISCO COUNTY SUPERIOR COURT srreeraooness 400 McAllister Street JAN 3 1 2005 mauincaporess: 400 McAllister Street cee noow cove San Francisco, CA 94102-4514 | GORDON PARK-LI, Clerk PP pee, prancu name: CIVIL DIVISION BY: fet Pes PLAINTIFF: TERESITA DASALLA, SONNY POBRE, JR., a minor, Deputy Clerk by and through his Guardian Ad Litem, SONNY POBRE, SR. NO SUMMONS ISSUED DEFENDANT: RUBERT URBINA yo poes 170.30 CASE MANAGEMENT CONFERENCE BET COMPLAINT — Personal Injury, Property Damage, Wrongful Death PLANT JUL 0 1 2005 90; |__| AMENDED (Number): Type (check all that apply): DEPARTMENT 212 {X-] MOTOR VEHICLE OTHER (specify): GENERAL NEGLIGENCE | Property Damage [_] Wrongful Death | Personal Injury {__) Other Damages (specify): 4 Jurisdiction (check all that apply): TT [} ACTIONIS A LIMITED CIVIL CASE CASE NUMBER: Amount demanded does not exceed $10,000 (-_] exceeds $10,000, but does not exceed $25,000 [1] ACTION IS AN UNLIMITED CIVIL eee (exceeds $25,000) § GEG 0 3 4 3 8 2 5 3 - CTION IS RECLASSIFIED by this amended complaint || from limited to unlimited from unlimited to limited . PLAINTIFF (name): TERESITA DASALLA, SONNY POBRE, JR. alleges causes of action against DEFENDANT (name): RUBERT URBINA 2. This pleading, including attachments and exhibits, consists of the following number of pages: 6 3. Each plaintiff named above is a competent adult a. LX) except plaintiff (name): SONNY POBRE, JR. (1) [__) a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) |_| a public entity (describe): (4) (X) aminor __| an adult (a) |X for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) |_] other (specify): (6) [__| 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 Complaint — Attachment 3. page 1 of3 Civ Procedure, Form Approved (OR tara COMPLAINT — Personal Injury, Property TAG n Code of Givi Procedure, § 425.12 982.1(1) Re uly 4, 2002] Damage, Wrongful DeathSHORT TITLE: DASALLA v- URBINA™ CASE NUMBER: laintiff (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): a business organization, form unknown a corporation _ jan unincorporated entity (describe): a public entity (describe): | other (specify): b. ___| except defendant (name): (A) CI a business organization, form unknown (2) |__| acorporation (3) [_] an unincorporated entity (describe): (4) {ja public entity (describe): (5) |__| other (specify): c. [__] except defendant (name): (1) (_] abusiness organization, form unknown (2) (__| a corporation (3) |_| an unincorporated entity (describe): (4) (Ja public entity (describe): (5) (__| other (specify): d. {__} except defendant (name): (A) Ci a business organization, form unknown (2) [|__| a corporation (3) (Jan unincorporated entity (describe): (4) (_] a public entity (describe): (5) [__] other (specify): ("J Information about additional defendants who are not natural persons is contained in Complaint — Attachment 5. 6. The true names and capacities of defendants sued as Does are unknown to plaintiff. 7.) Defendants who are joined pursuant to Code of Civil Procedure section 382 are (names): 8. This court is the proper court because » oo a __| other (specify): 9.{ _ | Plaintiff is required to comply with a claims statute, and a __ plaintiff has complied with applicable claims statutes, or b. 5 plaintiff is excused from complying because (specify): | at least one defendant now resides in its jurisdictional the principal place of business of a defendant corpora’ area. tion or unincorporated association is in its jurisdictional area. . CX_| injury to person or damage to personal property occurred in its jurisdictional area. 32.117) (Rev. July 1, 2002] COMPLAINT — Personal Injury, Property Damage, Wrongful DeathSHORT TITLE: DASALLA v. URB aA ~ CASE NUMBER: 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. |X} Motor Vehicle b. _X | General Negligence c. |__| Intentional Tort “| Products Liability Premises Liability Other (specify): 11. Plaintiff has suffered a. wage loss b. _X | loss of use of property c. |X| hospital and medical expenses d. general damage e property damage f. loss of earning capacity g. x | other damage (specify): PAIN, SUFFERING, EMOTIONAL DISTRESS 12.,._, The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a | listed in Complaint — Attachment 12. b. __j as follows: 43. The relief sought in this complaint is within the jurisdiction of this court. 44, PLAINTIFF PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) (XJ compensatory damages (2) {__! punitive damages b. The amount of damages is (you must check (1) in cases for personal injury or wrongful death): (1) |X] according to proof (2) |__| inthe amount of: $ 45. |__| The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: 1-27-2005 + DINAH Y. HAMMOND » = IAs |} —_—d (TYPE OR PRINT NAME) (SIGNATURE OF: ‘LAI ‘F OR ATTORNEY) 962.1(1) (Rev. July 1, 2002] COMPLAINT — Personal Injury, Property Page S of 3 Damage, Wrongful DeathSHORTTITLE, DASALLA v. URBIWA CASE NUMBER: FIRST SC CAUSE OF ACTION - Motor Vehicle Page 4___ (number) ATTACHMENT TO [_X | Complaint (__]Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): TERESITA DASALLA, SONNY POBRE, JR. 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): 2-02-2003 at (place): 100 FEET SOUTH OF I-80, WESTBOUND MERGE TO SOUTHBOUND US-101, SAN FRANCISCO, CA MV-2. DEFENDANTS a. _X_) The defendants who operated a motor vehicle are (names): RUBERT URBINA [X] Does 1 to 30 b.[_X_] The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): -X | Does 1 to 30 c. [X |The defendants who owned the motor vehicle which was operated with their permission are (names): RUBERT URBINA X | Does 1 to 30 d. [X_] The defendants who entrusted the motor vehicle are (names): [X] Does 1 to 30 e. [X_|The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): [X] Does 1 to 30 f. [X_| The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f SEE SECOND CAUSE OF ACTION INCORPORATED HEREWITH [x] Does 1 to 30 “unload Cae of Catoria CAUSE OF ACTION - Motor Vehicle Legal cop 428.12 ‘Effective January 1, 1982 Solut Rule 982.1(2) is wuoset 1) ta busSHORT TITLE: CASE NUMBER: DASALLA v. URBINA SECOND CAUSE OF ACTION - General Negligence Page_5 (number) ATTACHMENT TO [XJ Complaint (Cross-Compiaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): TERESITA DASALLA, SONNY POBRE, JR. alleges that defendant (name): RUBERT URBINA {Xl Does 1 sto. 3.0. 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): 2-02-2003 at (place): 100 FEET SOUTH OF I-80, WESTBOUND MERGE TO SOUTHBOUND us-101, SAN FRANCISCO, CA (description of reasons for liability): PLAINTIFF HEREBY INCORPORATES ALL ALLEGATIONS MADE IN PLAINTIFF'S FIRST CAUSE OF ACTION. SEE ATTACHMENT GN-1. wacuroarett cole ; ufo Cavett cara wai Cel of Clon CAUSE OF ACTION - General Negligence sobs co a2s2 Rule 982.1(3) te lus eeDASALLA v. URBINA Page 6 GN-1 Attachment 1. At said time and place, Defendants and each of them, so carelessly, recklessly, and negligently owned, controlled, entrusted, maintained, managed, repaired, manufactured, designed, and/or operated a motor vehicle or committed some other negligent act so as to cause serious injury and damages to Plaintiffs. 2. At said time and place, Defendants, and each of them, violated laws, ordinances, regulations, rules and or policies or committed some act that contributed and or caused injury to Plaintiffs. 3. The true names and capacities of the fictitious Defendants are unknown to Plaintiffs, but such Defendants, and each of them, are responsible in some manner for the events and happenings herein referred to and were the proximate cause of the injuries and damages suffered by Plaintiffs as herein alleged. 4. Asa tesult of the negligence, acts, inactions, and ot violations of the Defendants, and each of them, Plaintiffs suffered serious injuries and damages as herein alleged. 5. As a proximate result of the negligent conduct of Defendants, and each of them, as herein alleged, Plaintiffs have sustained serious and permanent injuries to their health, strength and activity, severe shock to their nervous systems, and were caused to suffer extreme physical and mental pain and suffering to their genetal damages within the jurisdictional limits of this court. 6. Asa further proximate result of the negligence of the Defendants, and each of them, Plaintiffs were required to and did employ physicians and surgeons to examine, treat and care for them, and did incur medical and incidental expenses, the exact amount of which is unknown to Plaintiffs at this time. 7. Asa further proximate result of the negligence of the Defendants, and each of them, Plaintiffs were prevented from attending their usual occupations, and are informed and believe and thereon allege that they will be prevented from attending their usual occupations for a period in the future to their damage in a sum not yet ascertained. 8. As a further proximate result of the negligence of the Defendants, and each of them, Plaintiffs’ automobile was damaged in a sum according to proof at trial. Immediately prior to and at the time of the collision, plaintiffs’ automobile was in good mechanical condition. As a further proximate result of the negligence of the Defendants, and each of them, as herein alleged, plaintiffs lost the use of their automobile for an undetermined period of time and were thereby damaged in an amount according to proof at trial.