On January 01, 1900 a
Complaint,Petition
was filed
involving a dispute between
Zupancic, Megan,
and
Labiak, Stephen Lawrence,
for 25 Unlimited - Professional Negligence
in the District Court of Fresno County.
Preview
PLD-Pl-001
ATTORNEY 0R PARTY WITHOUT ATTORN EY and address).
(Name, szaze Barnumber, FDR COURT USE ONLY
Megan Zupancic
955 N College Ave
Fresno CA 93728
TELEPHONE No559-765-5273 FAX No
(Optional)-
ADDRESS
E—MAIL (Optional)-
E-FILED
ATrORNEv FOR Pro Se
(Name),
12/9/2019 1:53 PM
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Fresno
Superior Court of California
1 130
STREET ADDRESS. 'O' Street County of Fresno
MAILING ADDRESS: By: J. Nelson, Deputy
CITY Fresno CA 93721
AND ZIP CODE:
BRANCH NAME:Civil Division
PLAINTIFF: Megan Zupancic
DEFENDANT: Stephen Lawrence Labiak
DOES 1To 1-25
COMPLAINT—Personal Property Damage, Wrongful Death
E AMENDED
Injury,
(Number):
EE
Type (check allthat apply):
MOTOR VEHICLE
D
OTHER(specify): Legal Malpractice
E Property Damage
Personal Injury E Wrongful Death
Other Damages (specify):
EJurisdiction (check all that apply):
D
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
CASE NUMBER
19CECG04425
:I exceeds $10,000, but does not exceed $25,000
E :l ACTION
ACTION
Is
IS
AN UNLIMITED CIVIL CASE (exceeds $25,000)
RECLASSIFIED by this amended complaint
E from limited to unlimited
from unlimited to limited
1. (name or names):
Plaintiff Megan Zupancic
defendant (name or names):
alleges causes of action against
Stephen Lawrence Labiak
2. number
This pleading, including attachments and exhibits, consists ofthe followingof pages:3
3.Each named above
plaintiff isa competent adult
a. |:I
E
except
E
(‘1)
(name):
plaintiff
a corporation qualified to do business
inCalifornia
(2)
(3)E
E
an unincorporated
E
entity (describe):
a public entity (describe):
(4)
(a)E
aminor
E for
an adult
whom a guardian or conservator of the estate or a guardian ad litem has been appointed
E
(5)E (b)
other
other (specify):
(specify).-
b.
(1)
(2)
E
except
E
(name):
plaintiff
a corporation qualified to do business
an unincorporated
in
entity (describe):
Caiifornia
l:
(3)
(4)E a public
E
aminor E
entity (describe):
an adult
whom a guardian or consen/ator of the estate or a guardian ad litem has been appointed
(5) E
(a)
(b)E for
other (specify):
other (specify):
E who are not competent adults
Information about additional plaintiffs isshown inAttachment 3.
Pagmon
COMPLAINT _ Personal
'
F A ui o roamse Injury' Property Code ofclvupmedure, §425,12
nglclpa‘iggincrl’gigalliyorma www.courfinfocagov
PLD—PI-om [Rev Januaw 1.20071 Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER'
Megan Zupancic V. Stephen Lawrence Labiak
4. E is
(name):
Plaintiff
doing business underthe name
fictitious (specify):
and has complied with the business
fictitious name laws.
Each defendant named above
5.
a. E E
isa natural person
except defendant (name): c. |:I
E
except defendant (name):
(1)
(2)
(3)
E
E a corporation
an unincorporated
unknown
a business organization, form
entity (describe):
(1)
(2)
(3)
E
[j
a business organization, form unknown
acorporation
an unincorporatedentity (describe):
(4)E a public entity (describe): (4) E a public entity (describe):
(5)E other (specify): (5) E other (specify):
b.E E
except defendant(name): d. :I
E
except defendant (name):
(1)
(2)
(3)
E
E
a business organization, form unknown
a corporation
an unincorporatedentity (describe):
(1)
(2)
(3)
E
|:I
a corporation
an unincorporated
unknown
a business organization, form
entity (describe):
(4)CI a public entity (describe): (4) E a public entity (describe):
(5)E other (specify): (5) E other (specify):
E who
Information about additional defendants are not natural persons
iscontained inAttachment 5.
6. The truenames of defendantssued as Does are unknown to plaintiff.
a. Doe defendants (specify Doe numbers):1' 1 5 were the agents or employees of other
named defendants and acted within the scope agency or employment.
of that
b. Doe defendants Doe numbers): 16-25
(specify are personswhose unknown
capacities are to
E
plaintiff.
7. Defendantswho arejoined underCode Procedure section 382 are (names):
of Civil
8. This courtisthe proper court because
a‘ one defendant now resides
at least jurisdictional area.
in its
b‘ itsjurisdictional area.
the principal place of business of a defendant corporation or unincorporated association
is in
c.
d. E person or
injury to
other (specify):
damage occurred
to personal property initsjurisdictional area.
9. EE Plaintiff is and
required to comply with a claims statute,
statutes, or
a.
bA E has complied with applicable c|aims
isexcused from complying because (specify):
PLD»P|»001 [REM January
2007]
1, COMPLAINT—Personal Injury, Property Page2 or a
Damage, Wrongful Death
PLD-Pl-001
SHORT TITLE: CASE NUMBER:
Megan Zupancic V.Stephen Lawrence Labiak
10. The followingcauses and the statements above apply
of action are attached toeach (each complaint must have one or more
.
E
causes of action attached):
Motor Vehicle
‘
.
E
E
General Negligence
Intentional Tort
E
fthOC'm
‘ Products Liability
‘ Premises Liability
Other (specify):
Legal malpractice. Per findings from May 2019, CA State Bar decision determined Mr. Labiak
was in Violation of former rule 4-100(b), of the rules 0f Professional Conduct (failure t0 account)
and Business and Professions Code Section 6068(m) (failure to communicate).
11. has suffered
Plaintiff
wage loss
use of property
loss of
and medical expenses
hospital
@fiwpovw generaldamage
property damage
loss of earning capacity
otherdamage (specify):
Mr. Labiak‘s actions created financial harm, damages to case 16CECG01 814.
12. Ea The damages claimed death and the relationships of
for wrongful the deceased are
plaintiff to
a.
b‘E Attachment
listed in
as follows:
12.
‘13. The sought
relief complaint
in this iswithin the jurisdiction of this court.
14. prays forjudgment
Plaintiff such
for costs of suit; for as
relief and equitable; and
is fair, just, for
a. (1) compensatory damages
(2) punitivedamages
The amount of damages is (in cases you must check
for personal injury or wrongful death, (1)):
(1)
(2) E according to proof
inthe amount of:$
15. E The paragraphs complaint alleged on information and belief are as follows (specify paragraph numbers):
of this
Date: December 6, 2019
Megan Zupancic ’ /
(TYPE OR PRINT NAME) (7/ ($¥NAT/ORE OF OR ATTORNEY)
P).A1NTIFF
PLD-Plrom [Rem January
2007]
1‘ COMPLAINT—Personal Injuryfiggezfy
Damage, Wrongful Dea
L// Pageaoi:
Document Filed Date
December 09, 2019
Case Filing Date
January 01, 1900
Category
25 Unlimited - Professional Negligence
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PLD-Pl-001 ATTORNEY 0R PARTY WITHOUT ATTORN EY and address). (Name, szaze Barnumber, FDR COURT USE ONLY Megan Zupancic 955 N College Ave Fresno CA 93728 TELEPHONE No559-765-5273 FAX No (Optional)- ADDRESS E—MAIL (Optional)- E-FILED ATrORNEv FOR Pro Se (Name), 12/9/2019 1:53 PM SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Fresno Superior Court of California 1 130 STREET ADDRESS. 'O' Street County of Fresno MAILING ADDRESS: By: J. Nelson, Deputy CITY Fresno CA 93721 AND ZIP CODE: BRANCH NAME:Civil Division PLAINTIFF: Megan Zupancic DEFENDANT: Stephen Lawrence Labiak DOES 1To 1-25 COMPLAINT—Personal Property Damage, Wrongful Death E AMENDED Injury, (Number): EE Type (check allthat apply): MOTOR VEHICLE D OTHER(specify): Legal Malpractice E Property Damage Personal Injury E Wrongful Death Other Damages (specify): EJurisdiction (check all that apply): D ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 CASE NUMBER 19CECG04425 :I exceeds $10,000, but does not exceed $25,000 E :l ACTION ACTION Is IS AN UNLIMITED CIVIL CASE (exceeds $25,000) RECLASSIFIED by this amended complaint E from limited to unlimited from unlimited to limited 1. (name or names): Plaintiff Megan Zupancic defendant (name or names): alleges causes of action against Stephen Lawrence Labiak 2. number This pleading, including attachments and exhibits, consists ofthe followingof pages:3 3.Each named above plaintiff isa competent adult a. |:I E except E (‘1) (name): plaintiff a corporation qualified to do business inCalifornia (2) (3)E E an unincorporated E entity (describe): a public entity (describe): (4) (a)E aminor E for an adult whom a guardian or conservator of the estate or a guardian ad litem has been appointed E (5)E (b) other other (specify): (specify).- b. (1) (2) E except E (name): plaintiff a corporation qualified to do business an unincorporated in entity (describe): Caiifornia l: (3) (4)E a public E aminor E entity (describe): an adult whom a guardian or consen/ator of the estate or a guardian ad litem has been appointed (5) E (a) (b)E for other (specify): other (specify): E who are not competent adults Information about additional plaintiffs isshown inAttachment 3. Pagmon COMPLAINT _ Personal ' F A ui o roamse Injury' Property Code ofclvupmedure, §425,12 nglclpa‘iggincrl’gigalliyorma www.courfinfocagov PLD—PI-om [Rev Januaw 1.20071 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER' Megan Zupancic V. Stephen Lawrence Labiak 4. E is (name): Plaintiff doing business underthe name fictitious (specify): and has complied with the business fictitious name laws. Each defendant named above 5. a. E E isa natural person except defendant (name): c. |:I E except defendant (name): (1) (2) (3) E E a corporation an unincorporated unknown a business organization, form entity (describe): (1) (2) (3) E [j a business organization, form unknown acorporation an unincorporatedentity (describe): (4)E a public entity (describe): (4) E a public entity (describe): (5)E other (specify): (5) E other (specify): b.E E except defendant(name): d. :I E except defendant (name): (1) (2) (3) E E a business organization, form unknown a corporation an unincorporatedentity (describe): (1) (2) (3) E |:I a corporation an unincorporated unknown a business organization, form entity (describe): (4)CI a public entity (describe): (4) E a public entity (describe): (5)E other (specify): (5) E other (specify): E who Information about additional defendants are not natural persons iscontained inAttachment 5. 6. The truenames of defendantssued as Does are unknown to plaintiff. a. Doe defendants (specify Doe numbers):1' 1 5 were the agents or employees of other named defendants and acted within the scope agency or employment. of that b. Doe defendants Doe numbers): 16-25 (specify are personswhose unknown capacities are to E plaintiff. 7. Defendantswho arejoined underCode Procedure section 382 are (names): of Civil 8. This courtisthe proper court because a‘ one defendant now resides at least jurisdictional area. in its b‘ itsjurisdictional area. the principal place of business of a defendant corporation or unincorporated association is in c. d. E person or injury to other (specify): damage occurred to personal property initsjurisdictional area. 9. EE Plaintiff is and required to comply with a claims statute, statutes, or a. bA E has complied with applicable c|aims isexcused from complying because (specify): PLD»P|»001 [REM January 2007] 1, COMPLAINT—Personal Injury, Property Page2 or a Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: Megan Zupancic V.Stephen Lawrence Labiak 10. The followingcauses and the statements above apply of action are attached toeach (each complaint must have one or more . E causes of action attached): Motor Vehicle ‘ . E E General Negligence Intentional Tort E fthOC'm ‘ Products Liability ‘ Premises Liability Other (specify): Legal malpractice. Per findings from May 2019, CA State Bar decision determined Mr. Labiak was in Violation of former rule 4-100(b), of the rules 0f Professional Conduct (failure t0 account) and Business and Professions Code Section 6068(m) (failure to communicate). 11. has suffered Plaintiff wage loss use of property loss of and medical expenses hospital @fiwpovw generaldamage property damage loss of earning capacity otherdamage (specify): Mr. Labiak‘s actions created financial harm, damages to case 16CECG01 814. 12. Ea The damages claimed death and the relationships of for wrongful the deceased are plaintiff to a. b‘E Attachment listed in as follows: 12. ‘13. The sought relief complaint in this iswithin the jurisdiction of this court. 14. prays forjudgment Plaintiff such for costs of suit; for as relief and equitable; and is fair, just, for a. (1) compensatory damages (2) punitivedamages The amount of damages is (in cases you must check for personal injury or wrongful death, (1)): (1) (2) E according to proof inthe amount of:$ 15. E The paragraphs complaint alleged on information and belief are as follows (specify paragraph numbers): of this Date: December 6, 2019 Megan Zupancic ’ / (TYPE OR PRINT NAME) (7/ ($¥NAT/ORE OF OR ATTORNEY) P).A1NTIFF PLD-Plrom [Rem January 2007] 1‘ COMPLAINT—Personal Injuryfiggezfy Damage, Wrongful Dea L// Pageaoi: