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AMON
San Francisco Superior Courts
Information Technology Group
Document Scanning Lead Sheet
Oct-15-2007 11:58 am
Case Number: CGC-07-468175
Filing Date: Oct-15-2007 11:54
Juke Box: 001 Image: 01911605
COMPLAINT
ALBA INGRAM VS. THE HENRY WINE GROUP et al
001001911605
Instructions:
Please place this sheet on top of the document to be scanned.SUC MONS C
SUM-100
(CITACION JUDICIAL) FoR COURT USE ONLY
NOTICE TO DEFENDANT:
fAMiso AL PEMANDADO):
HE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO
ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and DOES 1 to 40
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
ALBA INGRAM
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to fite a written response at this court and have a
copy served on the plaintiff. A letter or phone call will not protect you, Your written response must be In proper legal form if you want the
court to hear your case, There may be a court form that you can use for your response, You can find these court forms and more
information at the Catifornla Courts Online Self-Help Center (www.courtinfo.ca.govisetfhe!p), your county law library, or the courthouse
Nearest you. If you cannot pay the filing fee, ask the court clerk for a fee walver form. !f you do not file your response on time, you may
lose the case by default, and your wages, money, and property may be taken without further warning from the court.
There are other legal requirements, You may want to call an attorney right away. If you do not know an attorney, you may want to call an
attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services
program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the Cafifornia
Courts Ontine Self-Help Center (www.courtinfo.ca.gov/selfhe!p), or by contacting your local court or county bar association.
que fe dé un formulario de exencién de pago de cuotas. Sino ‘presenta
fa corte /e podré quitar su sueldo, dinero y blenes sin mSs advertencia.
The name and address of the court is:
EI nombre y direccién de ta corte es):
uperior Court of California
County of San Francisco
400 McAllister Street, ist Floor
San Francisco, Califomia 94102-4512
Unlimited Jurisdiction
The name, address, and telephone number of piaintiff's attomey, or plaintiff without an attomey, is:
{El nombre, la direccién y ef nimero de feléfono def abogado del demandante, o del demandante que no tiene abogado, es):
WILLIAM L. BERG, SBN 92095 (510) 523-3200 (510) 523-8851
LAW OFFICES OF WILLIAM L. BERG & ASSOCIATES cae .
Alameda GA Gabor Ah
lameda, Ms
4
DATE: oo 15 2007 © @OYCon Pai
(For proof of service of this summons, use Proof of Service of Summons (fom POS-010).}
(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
1. [_] as an individual defendant.
2. [__] as the person sued under the fictitious name of (specify):
3. [) onbehalfof (specify):
under: [_} CCP 416.10 (corporation) (<1 CCP 416.60 (minor)
L_] CCP 416.20 (defunct corporation) [__] CCP 416.70 (conservatee)
L_] CCP 416.40 (association or partnership) [—_] CCP 416.90 (authorized person)
[~] other (specify):
ersonal delivery on (date): Page tot
‘Code of Civil Procedure §§ 412 20, 485
SUM-100 [Rev, January 1, 2004) SUMMONSoO ( CM-010
"ATTORNEY OR PARTY WITHOUT ATTORNE arene SaaS ‘ond aadress):
LLIAML. BERG, SBN 92095
ROBERT A. DALBY, SBN 130823
LAW OFFICES OF WILLIAM L. BERG & ASSOCIATES
2440 Santa Clara Avenue
Alameda, CA 94501
TeverHone No: (510) 523-3200 raxno: (510) 523-8851
»_ Plaintiff ALBA INGRAM
San Francisco County Superior COU
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO OCT 15 2007
STREET ADORESS: Uniim lurisdiction .
appress: 400 McAllister Street, 1st Floor |
orm cove San Francisco, California 94102-4512 oor Pn: os hi len k
, Deputy Clerk
Complex Case Designation
( Counter [_) Joinder
Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402)
[Tmited,
Gerended is
$35,600 or |
1. Check one box below for the case type that best describes this case:
Auto Tort Contract. Provisionalty Comptex Civil Litigation
TX Auto (22) {__] Breach of contractAwarranty (06) (Cal. Rules of Court, rufes 3.400-3.403)
[Juninsured motorist (48) {_] cottections (09) [J Antitrust/Trade regulation (03)
Other PUPD/WD (Personal Injury/Property [__] insurance coverage (18) () Construction defect (10)
Damage/Wrongful Death) Tort [J other contract (37) (J Mass tort (40)
[_JAsbestos (04) Real Property () Securties Iitigation (28)
(Product fabitity (24) [J eminent domaininverse (] EnvironmentavToxic tort (30)
(Medical matpractice (45) condemnation (14) (J Insurance coverage claims arising from the
C other pyppawn (23) [_] Wrongful eviction (33) above fisted provisionally complex case
Non-PUPDIWD (Other} Tort [1] other real property (26) types (41)
{_] Business torv/unfair business practice (07) Untawful Detalner Enforcement of Judgment.
(J ewa rights (08) [J commercial (31) {] Enforcement of judgment (20)
(J Defamation (13) (_] Residential (32) Miscellaneous Civil Complaint
(2) Fraua (16) [_] Drugs (38) CJ rico@7
(J Intettectuat property (19) Judiclal Review [7] other complaint (not specified above) (42)
(1 Protesstonal negligence (25) (__] Asset forfeiture (05) Miscellaneous Civil Petition
{] Other non-PUPOAND tort (35) [__] Petition re: arbitration award (11) [__] Partnership and corporate governance (21)
Employment (_] writ of mandate (02) [1 other petition (not specified abova) (43)
[_] Wrongful termination (36) (J other judiclat review (39)
[__] Other employment (15)
2. Thiscase (_J)is [XJ isnot complex under rule 3.400 of the California Rules of Co
factors requiring exceptional judicial management:
a. L_] Large number of separately represented parties d. [__] Large number of witnes$es
b. [_] Extensive motion practice raising difficult or novel e. [1] koordination with related actions pending in one or more courts
Issues that will be time-consuming to resolve in other counties, gtateg, or countries, or in a federal court
c. (_] Substantial amount of documentary evidence f. [_]/Substantial postjudgment judicial supervision
3. Type of remedies sought (check all that apply):
a. [X] monetary b. (__] nonmonetary; declaratory or injunctive relief c. [__]
4, Number of causes of action (specify): Two
8, Thiscase [—] is [XJ] isnot actass action suit.
6. If there are any known related cases, file and serve a notice of related
Date: October 10, 2007
WILLIAM L. BERG, SBN 92095 >
(TYPE OR PRINT NAMED
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Famity Code, or Welfare and Institutions Code). (Cal. Rutes of Court, rule 3.220.) Faiture to file may result
. If the case Is complex, mark the
in sanctions.
File this cover sheet In addition to any cover sheet required by tocal court rule.
« If this case is complex under rule 3.400 et seq. of the Califomia Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
¢_Untess this is a comp thi fe en ——
schitfine " Standerds of. of Joncie aamiataton § %
t&INSTRUCTIONS ON HOW TO COMPLETE THEGOVER SHEET
To Plalntiffs and Others Filing First Papers
Ifyou are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil
Case Cover Sheet contained on page 1. . This information will be used to compile statistics about the types and numbers of cases filed.
You must complete items ? through 5 on the sheet. In item 1, you must check one box for the case type that best describes the case.
if the case fits both a general and a more specific type of case listed In item 1, check the more specific one. If the case has multiple
causes of action, check the box that best Indicates the primary cause of action. To assist you in completing the sheet, examples of
the cases that befong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. You
do not need to submit a cover sheet with amended papers. Failure to file a cover sheet with the first paper filed in a civil case may
subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Complex Cases
CM-010
In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. Ifa plaintiff
believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate
boxes in items 1 and 2. Ifa plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to
the action, A defendant may file and serve no fater than the time of its first appearance a joinder in the plaintiffs designation, a
counter-designation that the case Is not complex, or, if the plaintiff has made no designation, a designation that the case is complex.
Auto Tort
Auto (22)—Personal {njury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case invotves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto}
Other PI/PDIWD (Personal Injury
Property Damage/Wrongful Death)
‘ort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PI/PDAWD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily Injury/PDAWD
(e.g., assault, vandalism)
Intentional Infliction of
Emotionat Distress
Negligent Infliction of
Emotional Distress
Other PYPDAWD
Non-PUPD/WD (Other) Tort
Business Torv/Unfatr Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professionat Malpractice
(not medical or legal)
Other Non-PYPDAWD Tort (35)
Emptoyment
Wrongful Termination (36)
Other Employment (15)
GAFOIO (Rev, Jarcamry 1, 2007)
CASE TYPES AND EXAMPLES
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
ContractWarranty Be setter
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of ContractWarranty
Collections (e.9., money owed, open
book accounts) (09)
Collection Case—Seller Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage {not provisionally
complex) (18)
Auto Subrogation
Other Cov
Other Contract Dispute
Reat Property
Eminent Domaininverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landiordfenant, or
foreclosure}
Unlawful Detalner
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or
Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Woit-Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CIVIL CASE COVER SHEET
Provistonatly Comptex Civil Litigation
(Cal. Rutes of Court Rules 3.400-3.403)
AntitrusTrade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally
complex case type listed above)
(41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tortnon-complex)
Other Civil Complaint
{non-tortnon-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (21)
Otnerpeuon (not specified above}
(4
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief from Late
Claim
Other Civil Petition
Page 2012EE
GSE Sta Bar mee and acess:
PLD-PI-001
ATTORNEY OR PARTY_WITHOUT ATTORNEY
WILLIAM L. BERG, SBN 92
ROBERT A. DALBY, SBN 130823
LAW OFFICES OF WILLIAM L. BERG & ASSOCIATES
2440 Santa Clara Avenue
Alameda, CA 94501-
‘TevepHone no: (510) 523-3200 FAX NO. (Options; (510) 523-8851
E-MAIL ADDRESS (Optionsy. WWW. berginjurylawyers.com
ATTORNEY FOR (vome}: Plaintiff ALBA INGRAM__-
SU MMONS ISBUED
San Francisco County Superfor Court
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO OCT 15 2007
street aporess: Untimited Jurisdiction
wating aboress: 400 McAllister Street, 1st Floor GORDON PARK-LI, Clerk
erry ano ze cove: San Francisco, California 94102-4512 Nh
BRANCH NAME:
PLAINTIFF: ALBA INGRAM
DEFENDANT: THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC.,
REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and
[X] poestto 40 _
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
(__] AMENDED (Number):
MAR 1 4 2008 ~gmaN
Type (check alf that apply):
(%] MOTOR VEHICLE [X] OTHER (specify): GENERAL NEGLIGENCE
([] Property Damage (—) Wrongful Death DEPARTMENT 212
[CX] Personal Injury (-) Other Damages (specify):
Jurisdiction (check all that apply):
[1 ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
CX) ACTION 1s AN UNLIMITED CIVIL CASE (exceeds $25,000)
(J ACTION IS RECLASSIFIED by this amended complaint
[| from timited to unlimited
[__] from unlimited to limited
1. Plaintiff (name or names): ALBA INGRAM.
alleges causes of action against defendant (name or names): THE HENRY WINE GROUP, et al.
CASE NUMBER:
66 -07-468 17>
2. This pleading, including attachments and exhibits, consists of the following number of pages: Five
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) [] aminor [_] anadutt
(a) [_} for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(&) [) other (specify):
(5) [_) other (specify):
bo [J except plaintiff (name):
(1) a corporation quatified to do business in Califomia
(2) an unincorporated entity (describe):
@) a public entity (describe):
@ Cj) _aminor = =(_] anadutt
(a) (_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [5 other (specify):
(5) [_] other (specify):
[-_] Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page tot
Form Approved for Opbonal +e COMPLAINT—Personal Injury, Property sdkitfins (Code of Chil Procedure, § 425.12
ut is
&
PLO-PHOO1 (Rev. January 1. 2007) Damage, Wrongful DeathSHORT TITLE: INGRAM vs. THE HENRY WINE GROUP, et al.
4, [J Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name !aws.
5. Each defendant named above is a natural person
a. DX] except defendant (name): THE HENRY WINE
GROUP
(t) [X] a business organization, form unknown
(2) [] acorporation
(3) [_] an unincorporated entity (describe):
(4) (7) a public entity (describe):
5) [[] other (specify):
b. DX] except defendant (name): RYDER TRUCK
RENTAL, INC.
(1) (£) a business organization, form unknown
(2) LX) a corporation
(3) () anunincorporated entity (describe):
(4) [[) a pubtic entity (describe):
© (7) other (specify):
c. CO except defendant (name):
(1) [—) a business organization, form unknown
(2) [_] a corporation
(3) [—) an unincorporated entity (describe):
(4) [2 a public entity (describe):
©) () other (specify):
. (] except defendant (name):
(1) [_) a business organization, form unknown
(2) [_) a corporation
(3) [_] an unincosporated entity (describe):
(4) [) a public entity (describe):
(5) [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. [X] Doe defendants (specify Doe numbers): 1 to 20 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b.[X] Doe defendants (specify Doe numbers): 21 to 40 are persons whose capacities are unknown to
plaintiff.
7. [] Defendants who are joined under Code of Civil Procedure section 382 are {names):
8. This courtis the proper court because
a. CX) atleast one defendant now resides in Its Jurisdictional area,
b. (_] the principal ptace of business of a defendant corporation or unincorporated association Is in its Jurisdictional area,
¢. [1 injury to person or damage to personal property occurred in its jurisdictional area.
a. [{] 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-FL001 (Rev. January t, 2007)
COMPLAINT—Personal Infury, Property Page 2 of 3
Damage, Wrongful DeathC C PLO-PI-004
SHORT TITLE: INGRAM vs. THE HENRY WINE GROUP, et al. fm |
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. (XJ Motor Vehicle
b. [X] General Negligence
¢. [_] Intentional Tort
@. (] Products Liability
e. L_] Premises Liability
£. LJ Other (specify):
11, Plaintiff has suffered
a. OX] wage loss
b. [CX] loss of use of property
c. LX] hospital and medical expenses
d. [XX] general damage
e. (X] property damage
f. DX] loss of eaming capacity
g. (__] other damage (specify):
12.7] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. (_] 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) [0] compensatory damages
(2) [_] punitive damages
The amount of damages is (i7 cases for personal injury or wrongful death, you must check (1)):
(1) XJ according to proof
(2) [] Inthe amount of: $
15. [XX] The paragraphs of this complaint alleged on Information and belief are as follows (specify paragraph numbers):
MV-1, MV-2, GN-1
Date: October 10,2007
ILLIAM Ri
(TYPE OR PRINT NAME) (SiG
COMPLAINT—Personal Injury, Property
Damage, Wrongful Death
PLAINTIFF OR ATTORNEY)CAUSE OF ACTION—Motor Vehicle
(rumber)
ATTACHMENT TO CX] Complaint [_] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): ALBA INGRAM
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): October 25, 2005
at (place): Interstate 680 in Walnut Creek, California.
MvV-2. DEFENDANTS.
a. XJ] The defendants who operated a motor vehicle are (names): REYNALDO ANTONIO SILVA, JORGE PEDRO
SIFUENTESBENITES, and
[XJDoes 1s to 40
b. [2X] The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names): THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO
SILVA, JORGE PEDRO SIFUENTESBENITES, and
(X]poesi1 ss to 40
c. DC) The defendants who owned the motor vehicle which was operated with their permission are (names):
THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE
PEDRO SIFUENTESBENITES, and
[X] Does 4 to AO
d. XX] The defendants who entrusted the motor vehicie are (names): THE HENRY WINE GROUP, RYDER
TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and
om Does 4 to 4
e. The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names): THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO
ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and
Does 4 to 40
‘The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
[1 isted in Attachment Mv-2f = [_Jas follows:
[[)0oes to Page ott
"Stara Coun Caforta CAUSE OF ACTION—Motor Vehicle Codm ct Crt Proce 425.12
PLD-PL-001(1) [Rev. January 1, 2007). C € PLD-PI-001(2)
SHORT TITLE: INGRAM vs. THE HENRY WINE GROUP, et al. a
ECONO => CAUSE OF ACTION—General! Negligence Page 5
(purl
ATTACHMENT TO LX] Comptaint [_] cross- Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): ALBA INGRAM
alleges that defendant (name): THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO
ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and
(Xl oces 1 to 4
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): October 25, 2005
at (place): Interstate 680 in Walnut Creek, Catifornia.
(description of reasons for lability):
Defendants, and each of them, so negligently owned, operated, entrusted, controlled, supervised, maintained,
inspected, and repaired their motor vehicles so as to cause them to collide with and strike a motor vehicle in which
Plaintiff ALBA INGRAM was riding as a passenger. Asa direct and proximate result of the Defendants’ negligent acts and
omissions, said Plaintiff sustained physical injuries and damages, as herein alleged.
Plaintiffs are informed and believe, and thereon allege, that at the time of all of the negligent acts and omissions
alleged herein, Defendant REYNALDO ANTONIO SILVA was acting with the course and scope of his employment by
Defendant THE HENRY WINE GROUP and/or Defendant RYDER TRUCK RENTAL, INC.; and that he was driving a
motor vehicle owned one or both of the latter Defendants.
Jott
‘Code of Civ Procedure 425.12
een nS cttes CAUSE OF ACTION—General Negligence solfffins
is
Preview
AMON San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Oct-15-2007 11:58 am Case Number: CGC-07-468175 Filing Date: Oct-15-2007 11:54 Juke Box: 001 Image: 01911605 COMPLAINT ALBA INGRAM VS. THE HENRY WINE GROUP et al 001001911605 Instructions: Please place this sheet on top of the document to be scanned.SUC MONS C SUM-100 (CITACION JUDICIAL) FoR COURT USE ONLY NOTICE TO DEFENDANT: fAMiso AL PEMANDADO): HE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and DOES 1 to 40 YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): ALBA INGRAM You have 30 CALENDAR DAYS after this summons and legal papers are served on you to fite a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you, Your written response must be In proper legal form if you want the court to hear your case, There may be a court form that you can use for your response, You can find these court forms and more information at the Catifornla Courts Online Self-Help Center (www.courtinfo.ca.govisetfhe!p), your county law library, or the courthouse Nearest you. If you cannot pay the filing fee, ask the court clerk for a fee walver form. !f you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements, You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the Cafifornia Courts Ontine Self-Help Center (www.courtinfo.ca.gov/selfhe!p), or by contacting your local court or county bar association. que fe dé un formulario de exencién de pago de cuotas. Sino ‘presenta fa corte /e podré quitar su sueldo, dinero y blenes sin mSs advertencia. The name and address of the court is: EI nombre y direccién de ta corte es): uperior Court of California County of San Francisco 400 McAllister Street, ist Floor San Francisco, Califomia 94102-4512 Unlimited Jurisdiction The name, address, and telephone number of piaintiff's attomey, or plaintiff without an attomey, is: {El nombre, la direccién y ef nimero de feléfono def abogado del demandante, o del demandante que no tiene abogado, es): WILLIAM L. BERG, SBN 92095 (510) 523-3200 (510) 523-8851 LAW OFFICES OF WILLIAM L. BERG & ASSOCIATES cae . Alameda GA Gabor Ah lameda, Ms 4 DATE: oo 15 2007 © @OYCon Pai (For proof of service of this summons, use Proof of Service of Summons (fom POS-010).} (Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. [_] as an individual defendant. 2. [__] as the person sued under the fictitious name of (specify): 3. [) onbehalfof (specify): under: [_} CCP 416.10 (corporation) (<1 CCP 416.60 (minor) L_] CCP 416.20 (defunct corporation) [__] CCP 416.70 (conservatee) L_] CCP 416.40 (association or partnership) [—_] CCP 416.90 (authorized person) [~] other (specify): ersonal delivery on (date): Page tot ‘Code of Civil Procedure §§ 412 20, 485 SUM-100 [Rev, January 1, 2004) SUMMONSoO ( CM-010 "ATTORNEY OR PARTY WITHOUT ATTORNE arene SaaS ‘ond aadress): LLIAML. BERG, SBN 92095 ROBERT A. DALBY, SBN 130823 LAW OFFICES OF WILLIAM L. BERG & ASSOCIATES 2440 Santa Clara Avenue Alameda, CA 94501 TeverHone No: (510) 523-3200 raxno: (510) 523-8851 »_ Plaintiff ALBA INGRAM San Francisco County Superior COU SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO OCT 15 2007 STREET ADORESS: Uniim lurisdiction . appress: 400 McAllister Street, 1st Floor | orm cove San Francisco, California 94102-4512 oor Pn: os hi len k , Deputy Clerk Complex Case Designation ( Counter [_) Joinder Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) [Tmited, Gerended is $35,600 or | 1. Check one box below for the case type that best describes this case: Auto Tort Contract. Provisionalty Comptex Civil Litigation TX Auto (22) {__] Breach of contractAwarranty (06) (Cal. Rules of Court, rufes 3.400-3.403) [Juninsured motorist (48) {_] cottections (09) [J Antitrust/Trade regulation (03) Other PUPD/WD (Personal Injury/Property [__] insurance coverage (18) () Construction defect (10) Damage/Wrongful Death) Tort [J other contract (37) (J Mass tort (40) [_JAsbestos (04) Real Property () Securties Iitigation (28) (Product fabitity (24) [J eminent domaininverse (] EnvironmentavToxic tort (30) (Medical matpractice (45) condemnation (14) (J Insurance coverage claims arising from the C other pyppawn (23) [_] Wrongful eviction (33) above fisted provisionally complex case Non-PUPDIWD (Other} Tort [1] other real property (26) types (41) {_] Business torv/unfair business practice (07) Untawful Detalner Enforcement of Judgment. (J ewa rights (08) [J commercial (31) {] Enforcement of judgment (20) (J Defamation (13) (_] Residential (32) Miscellaneous Civil Complaint (2) Fraua (16) [_] Drugs (38) CJ rico@7 (J Intettectuat property (19) Judiclal Review [7] other complaint (not specified above) (42) (1 Protesstonal negligence (25) (__] Asset forfeiture (05) Miscellaneous Civil Petition {] Other non-PUPOAND tort (35) [__] Petition re: arbitration award (11) [__] Partnership and corporate governance (21) Employment (_] writ of mandate (02) [1 other petition (not specified abova) (43) [_] Wrongful termination (36) (J other judiclat review (39) [__] Other employment (15) 2. Thiscase (_J)is [XJ isnot complex under rule 3.400 of the California Rules of Co factors requiring exceptional judicial management: a. L_] Large number of separately represented parties d. [__] Large number of witnes$es b. [_] Extensive motion practice raising difficult or novel e. [1] koordination with related actions pending in one or more courts Issues that will be time-consuming to resolve in other counties, gtateg, or countries, or in a federal court c. (_] Substantial amount of documentary evidence f. [_]/Substantial postjudgment judicial supervision 3. Type of remedies sought (check all that apply): a. [X] monetary b. (__] nonmonetary; declaratory or injunctive relief c. [__] 4, Number of causes of action (specify): Two 8, Thiscase [—] is [XJ] isnot actass action suit. 6. If there are any known related cases, file and serve a notice of related Date: October 10, 2007 WILLIAM L. BERG, SBN 92095 > (TYPE OR PRINT NAMED NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Famity Code, or Welfare and Institutions Code). (Cal. Rutes of Court, rule 3.220.) Faiture to file may result . If the case Is complex, mark the in sanctions. File this cover sheet In addition to any cover sheet required by tocal court rule. « If this case is complex under rule 3.400 et seq. of the Califomia Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. ¢_Untess this is a comp thi fe en —— schitfine " Standerds of. of Joncie aamiataton § % t&INSTRUCTIONS ON HOW TO COMPLETE THEGOVER SHEET To Plalntiffs and Others Filing First Papers Ifyou are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. . This information will be used to compile statistics about the types and numbers of cases filed. You must complete items ? through 5 on the sheet. In item 1, you must check one box for the case type that best describes the case. if the case fits both a general and a more specific type of case listed In item 1, check the more specific one. If the case has multiple causes of action, check the box that best Indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that befong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. You do not need to submit a cover sheet with amended papers. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Complex Cases CM-010 In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. Ifa plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. Ifa plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action, A defendant may file and serve no fater than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case Is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)—Personal {njury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case invotves an uninsured motorist claim subject to arbitration, check this item instead of Auto} Other PI/PDIWD (Personal Injury Property Damage/Wrongful Death) ‘ort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice— Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PDAWD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDAWD (e.g., assault, vandalism) Intentional Infliction of Emotionat Distress Negligent Infliction of Emotional Distress Other PYPDAWD Non-PUPD/WD (Other) Tort Business Torv/Unfatr Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professionat Malpractice (not medical or legal) Other Non-PYPDAWD Tort (35) Emptoyment Wrongful Termination (36) Other Employment (15) GAFOIO (Rev, Jarcamry 1, 2007) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) ContractWarranty Be setter Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of ContractWarranty Collections (e.9., money owed, open book accounts) (09) Collection Case—Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage {not provisionally complex) (18) Auto Subrogation Other Cov Other Contract Dispute Reat Property Eminent Domaininverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landiordfenant, or foreclosure} Unlawful Detalner Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Woit-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provistonatly Comptex Civil Litigation (Cal. Rutes of Court Rules 3.400-3.403) AntitrusTrade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tortnon-complex) Other Civil Complaint {non-tortnon-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Otnerpeuon (not specified above} (4 Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief from Late Claim Other Civil Petition Page 2012EE GSE Sta Bar mee and acess: PLD-PI-001 ATTORNEY OR PARTY_WITHOUT ATTORNEY WILLIAM L. BERG, SBN 92 ROBERT A. DALBY, SBN 130823 LAW OFFICES OF WILLIAM L. BERG & ASSOCIATES 2440 Santa Clara Avenue Alameda, CA 94501- ‘TevepHone no: (510) 523-3200 FAX NO. (Options; (510) 523-8851 E-MAIL ADDRESS (Optionsy. WWW. berginjurylawyers.com ATTORNEY FOR (vome}: Plaintiff ALBA INGRAM__- SU MMONS ISBUED San Francisco County Superfor Court ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO OCT 15 2007 street aporess: Untimited Jurisdiction wating aboress: 400 McAllister Street, 1st Floor GORDON PARK-LI, Clerk erry ano ze cove: San Francisco, California 94102-4512 Nh BRANCH NAME: PLAINTIFF: ALBA INGRAM DEFENDANT: THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and [X] poestto 40 _ COMPLAINT—Personal Injury, Property Damage, Wrongful Death (__] AMENDED (Number): MAR 1 4 2008 ~gmaN Type (check alf that apply): (%] MOTOR VEHICLE [X] OTHER (specify): GENERAL NEGLIGENCE ([] Property Damage (—) Wrongful Death DEPARTMENT 212 [CX] Personal Injury (-) Other Damages (specify): Jurisdiction (check all that apply): [1 ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 CX) ACTION 1s AN UNLIMITED CIVIL CASE (exceeds $25,000) (J ACTION IS RECLASSIFIED by this amended complaint [| from timited to unlimited [__] from unlimited to limited 1. Plaintiff (name or names): ALBA INGRAM. alleges causes of action against defendant (name or names): THE HENRY WINE GROUP, et al. CASE NUMBER: 66 -07-468 17> 2. This pleading, including attachments and exhibits, consists of the following number of pages: Five 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) [] aminor [_] anadutt (a) [_} for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (&) [) other (specify): (5) [_) other (specify): bo [J except plaintiff (name): (1) a corporation quatified to do business in Califomia (2) an unincorporated entity (describe): @) a public entity (describe): @ Cj) _aminor = =(_] anadutt (a) (_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [5 other (specify): (5) [_] other (specify): [-_] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page tot Form Approved for Opbonal +e COMPLAINT—Personal Injury, Property sdkitfins (Code of Chil Procedure, § 425.12 ut is & PLO-PHOO1 (Rev. January 1. 2007) Damage, Wrongful DeathSHORT TITLE: INGRAM vs. THE HENRY WINE GROUP, et al. 4, [J Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name !aws. 5. Each defendant named above is a natural person a. DX] except defendant (name): THE HENRY WINE GROUP (t) [X] a business organization, form unknown (2) [] acorporation (3) [_] an unincorporated entity (describe): (4) (7) a public entity (describe): 5) [[] other (specify): b. DX] except defendant (name): RYDER TRUCK RENTAL, INC. (1) (£) a business organization, form unknown (2) LX) a corporation (3) () anunincorporated entity (describe): (4) [[) a pubtic entity (describe): © (7) other (specify): c. CO except defendant (name): (1) [—) a business organization, form unknown (2) [_] a corporation (3) [—) an unincorporated entity (describe): (4) [2 a public entity (describe): ©) () other (specify): . (] except defendant (name): (1) [_) a business organization, form unknown (2) [_) a corporation (3) [_] an unincosporated entity (describe): (4) [) a public entity (describe): (5) [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. [X] Doe defendants (specify Doe numbers): 1 to 20 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b.[X] Doe defendants (specify Doe numbers): 21 to 40 are persons whose capacities are unknown to plaintiff. 7. [] Defendants who are joined under Code of Civil Procedure section 382 are {names): 8. This courtis the proper court because a. CX) atleast one defendant now resides in Its Jurisdictional area, b. (_] the principal ptace of business of a defendant corporation or unincorporated association Is in its Jurisdictional area, ¢. [1 injury to person or damage to personal property occurred in its jurisdictional area. a. [{] 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-FL001 (Rev. January t, 2007) COMPLAINT—Personal Infury, Property Page 2 of 3 Damage, Wrongful DeathC C PLO-PI-004 SHORT TITLE: INGRAM vs. THE HENRY WINE GROUP, et al. fm | 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. (XJ Motor Vehicle b. [X] General Negligence ¢. [_] Intentional Tort @. (] Products Liability e. L_] Premises Liability £. LJ Other (specify): 11, Plaintiff has suffered a. OX] wage loss b. [CX] loss of use of property c. LX] hospital and medical expenses d. [XX] general damage e. (X] property damage f. DX] loss of eaming capacity g. (__] other damage (specify): 12.7] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. (_] 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) [0] compensatory damages (2) [_] punitive damages The amount of damages is (i7 cases for personal injury or wrongful death, you must check (1)): (1) XJ according to proof (2) [] Inthe amount of: $ 15. [XX] The paragraphs of this complaint alleged on Information and belief are as follows (specify paragraph numbers): MV-1, MV-2, GN-1 Date: October 10,2007 ILLIAM Ri (TYPE OR PRINT NAME) (SiG COMPLAINT—Personal Injury, Property Damage, Wrongful Death PLAINTIFF OR ATTORNEY)CAUSE OF ACTION—Motor Vehicle (rumber) ATTACHMENT TO CX] Complaint [_] Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): ALBA INGRAM 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): October 25, 2005 at (place): Interstate 680 in Walnut Creek, California. MvV-2. DEFENDANTS. a. XJ] The defendants who operated a motor vehicle are (names): REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and [XJDoes 1s to 40 b. [2X] The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and (X]poesi1 ss to 40 c. DC) The defendants who owned the motor vehicle which was operated with their permission are (names): THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and [X] Does 4 to AO d. XX] The defendants who entrusted the motor vehicie are (names): THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and om Does 4 to 4 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and Does 4 to 40 ‘The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are [1 isted in Attachment Mv-2f = [_Jas follows: [[)0oes to Page ott "Stara Coun Caforta CAUSE OF ACTION—Motor Vehicle Codm ct Crt Proce 425.12 PLD-PL-001(1) [Rev. January 1, 2007). C € PLD-PI-001(2) SHORT TITLE: INGRAM vs. THE HENRY WINE GROUP, et al. a ECONO => CAUSE OF ACTION—General! Negligence Page 5 (purl ATTACHMENT TO LX] Comptaint [_] cross- Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): ALBA INGRAM alleges that defendant (name): THE HENRY WINE GROUP, RYDER TRUCK RENTAL, INC., REYNALDO ANTONIO SILVA, JORGE PEDRO SIFUENTESBENITES, and (Xl oces 1 to 4 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): October 25, 2005 at (place): Interstate 680 in Walnut Creek, Catifornia. (description of reasons for lability): Defendants, and each of them, so negligently owned, operated, entrusted, controlled, supervised, maintained, inspected, and repaired their motor vehicles so as to cause them to collide with and strike a motor vehicle in which Plaintiff ALBA INGRAM was riding as a passenger. Asa direct and proximate result of the Defendants’ negligent acts and omissions, said Plaintiff sustained physical injuries and damages, as herein alleged. Plaintiffs are informed and believe, and thereon allege, that at the time of all of the negligent acts and omissions alleged herein, Defendant REYNALDO ANTONIO SILVA was acting with the course and scope of his employment by Defendant THE HENRY WINE GROUP and/or Defendant RYDER TRUCK RENTAL, INC.; and that he was driving a motor vehicle owned one or both of the latter Defendants. Jott ‘Code of Civ Procedure 425.12 een nS cttes CAUSE OF ACTION—General Negligence solfffins is