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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Teresa Li 278779
Law Offices of Teresa Li, PC
548 Market Street, PMB 24496
San Francisco, CA 94104-5401
TELEPHONE NO.: (415) 423-3377 (888) 646-5493
FAX NO.(Optional):
E-MAIL ADDRESS (Optional):teresa@lawofficesofteresali.com
ATTORNEY FOR (Name):Plaintiffs Frankco Lee and Ching Lee
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS:400 County Center, 1st Floor, Room A
MAILING ADDRESS: 12/16/2022
San Mateo, CA 94063
CITY AND ZIP CODE:
BRANCH NAME: Hall of Justice / Southern Branch
PLAINTIFF: Frankco Lee
Ching Lee
DEFENDANT: Milwaukee Electric Tool Corporation
Adam Taylor Kerrel, aka. Adam Kerzel
‰X DOES 1 TO 15
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
‰ AMENDED (Number):
Type (check all that apply):
‰X MOTOR VEHICLE ‰ OTHER (specify):
‰ Property Damage ‰ Wrongful Death
‰X Personal Injury ‰ Other Damages (specify):
Jurisdiction (check all that apply): CASE NUMBER:
‰ ACTION IS A LIMITED CIVIL CASE
Amount demanded ‰ does not exceed $10,000
‰ exceeds $10,000, but does not exceed $25,000 22-CIV-05292
‰X ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
‰ ACTION IS RECLASSIFIED by this amended complaint
‰ from limited to unlimited
‰ from unlimited to limited
1. Plaintiff (name or names): Frankco Lee
Ching Lee
alleges causes of action against defendant (name or names): Milwaukee Electric Tool Corporation,
Adam Taylor Kerrel, aka. Adam Kerzel, and Does 1-15
2. This pleading, including attachments and exhibits, consists of the following number of pages: 5
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) ‰ 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):
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 Attachment 3. Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death Lee. Frankco
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Lee v. Milwaukee Electric Tool Corporation 22-CIV-05292
4. ‰ Plaintiff (name): Frankco Lee
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. ‰X except defendant (name): c. ‰ except defendant (name):
Milwaukee Electric Tool Corporation
(1) ‰ a business organization, form unknown (1) ‰ a business organization, form unknown
(2) ‰X a corporation (2) ‰ a corporation
(3) ‰ an unincorporated entity (describe): (3) ‰ an unincorporated entity (describe):
(4) ‰ a public entity (describe): (4) ‰ a public entity (describe):
(5) ‰ other (specify): (5) ‰ other (specify):
b. ‰ except defendant (name): d. ‰ except defendant (name):
(1) ‰ a business organization, form unknown (1) ‰ a business organization, form unknown
(2) ‰ a corporation (2) ‰ a corporation
(3) ‰ an unincorporated entity (describe): (3) ‰ an unincorporated entity (describe):
(4) ‰ a public entity (describe): (4) ‰ a public entity (describe):
(5) ‰ other (specify): (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): 1-15 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): 1-15 are persons whose capacities are unknown to
plaintiff.
7. ‰ Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. ‰ at least one defendant now resides in its jurisdictional area.
b. ‰ the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. ‰X injury to person or damage to personal property occurred in its jurisdictional area.
d. ‰ 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-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3
Damage, Wrongful Death Lee. Frankco
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Lee v. Milwaukee Electric Tool Corporation 22-CIV-05292
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
22
b. ‰X General Negligence
c. ‰ Intentional Tort
d. ‰ Products Liability
e. ‰ Premises Liability
f. ‰ Other (specify) :
11. Plaintiff has suffered
a. ‰X wage loss
b. ‰X loss of use of property
c. ‰X hospital and medical expenses
d. ‰X general damage
e. ‰X property damage
f. ‰X loss of earning capacity
g. ‰X other damage (specify) :
Loss of consortium: loss of love, support, care, companionship, comfort, assistance, protection, society,
and moral support regarding Plaintiff Ching Lee, as the spouse of Frankco Lee
12. ‰ 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) ‰
X compensatory damages
(2) ‰ punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) ‰ according to proof
(2) ‰ in the amount of: $
15. ‰X The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
All
Date: 12/16/2022
Teresa Li
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
Lee. Frankco
PLD-PI-001(1)
SHORT TITLE: CASE NUMBER:
Lee v. Milwaukee Electric Tool Corporation
22-CIV-05292
First (number)
CAUSE OF ACTION- Motor Vehicle
ATTACHMENT TO ‰ X Complaint ‰ Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): Frankco Lee
Ching Lee
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): 04/15/2021
at (place): US101 N/B South of University Avenue
MV-2. DEFENDANTS
a. ‰
X The defendants who operated a motor vehicle are (names):
Adam Taylor Kerrel, aka. Adam Kerzel
‰ Does to
b. ‰
X The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names): Milwaukee Electric Tool Corporation
‰X Does 1 to 15
c. ‰
X The defendants who owned the motor vehicle which was operated with their permission are (names):
Milwaukee Electric Tool Corporation
‰X Does 1 to 15
d. ‰
X The defendants who entrusted the motor vehicle are (names):
Milwaukee Electric Tool Corporation
‰X Does 1 to 15
e. ‰
X The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
Adam Taylor Kerrel, aka. Adam Kerzel
‰ Does to
f. ‰ The defendants who are liableto plaintiffs for other reasons and the reasons for the liability are
‰ listed
in Attachment MV-2f ‰ as follows:
‰ Does to
Page 4
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure § 425.12
Judicial Council of California CAUSE OF ACTION - Motor Vehicle www.courtinfo.ca.gov
PLD-PI-001(1) [Rev. January 1, 2007]
Lee. Frankco
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
Lee v. Milwaukee Electric Tool Corporation 22-CIV-05292
Second CAUSE OF ACTION- General Negligence Page 5
(number)
ATTACHMENT TO ‰ X Complaint ‰ Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name) :Frankco Lee
Ching Lee
alleges that defendant (name) : Milwaukee Electric Tool Corporation
Adam Taylor Kerrel, aka. Adam Kerzel
‰X Does 1 to 15
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): 04/15/2021
at (place): US101 N/B South of University Avenue
(description of reasons for liability)
:
Defendants acted negligently and caused injuries to Plaintiff Frankco Lee. On the date of the incident,
Defendant Kerrel was driving at 70-75 mph, exceeding the posted speed limit of 65 mph on US-101 NB
and made an unsafe lane change causing collision with another vehicle and plaintiff Lee's vehicle.
Defendants are in violation of California Vehicle Code Sections 21658(a) and 22350. After the impact
from Defendants' vehicle, plaintiff's vehicle spun and collided with the concrete median. Plaintiff has
suffered catastrophic injuries.
At all relevant time, Defendant Kerrel was an agent of Defendants Milwaukee Electric Tool
Corporation and was within the course and scope of his employment with Defendant Milwaukee
Electric Tool Corporation. The subject vehicle was owned by Defendant Milwaukee Electric Tool
Corporation.
Page 1 of 1
Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-PI-001(2) [Rev. January 1, 2007]
Lee. Frankco
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PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Teresa Li 278779 Law Offices of Teresa Li, PC 548 Market Street, PMB 24496 San Francisco, CA 94104-5401 TELEPHONE NO.: (415) 423-3377 (888) 646-5493 FAX NO.(Optional): E-MAIL ADDRESS (Optional):teresa@lawofficesofteresali.com ATTORNEY FOR (Name):Plaintiffs Frankco Lee and Ching Lee SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREET ADDRESS:400 County Center, 1st Floor, Room A MAILING ADDRESS: 12/16/2022 San Mateo, CA 94063 CITY AND ZIP CODE: BRANCH NAME: Hall of Justice / Southern Branch PLAINTIFF: Frankco Lee Ching Lee DEFENDANT: Milwaukee Electric Tool Corporation Adam Taylor Kerrel, aka. Adam Kerzel ‰X DOES 1 TO 15 COMPLAINT-Personal Injury, Property Damage, Wrongful Death ‰ AMENDED (Number): Type (check all that apply): ‰X MOTOR VEHICLE ‰ OTHER (specify): ‰ Property Damage ‰ Wrongful Death ‰X Personal Injury ‰ Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: ‰ ACTION IS A LIMITED CIVIL CASE Amount demanded ‰ does not exceed $10,000 ‰ exceeds $10,000, but does not exceed $25,000 22-CIV-05292 ‰X ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ‰ ACTION IS RECLASSIFIED by this amended complaint ‰ from limited to unlimited ‰ from unlimited to limited 1. Plaintiff (name or names): Frankco Lee Ching Lee alleges causes of action against defendant (name or names): Milwaukee Electric Tool Corporation, Adam Taylor Kerrel, aka. Adam Kerzel, and Does 1-15 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 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) ‰ 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): 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 Attachment 3. Page 1 of 3 Form Approved for Optional Use Judicial Council of California COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death Lee. Frankco PLD-PI-001 SHORT TITLE: CASE NUMBER: Lee v. Milwaukee Electric Tool Corporation 22-CIV-05292 4. ‰ Plaintiff (name): Frankco Lee 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. ‰X except defendant (name): c. ‰ except defendant (name): Milwaukee Electric Tool Corporation (1) ‰ a business organization, form unknown (1) ‰ a business organization, form unknown (2) ‰X a corporation (2) ‰ a corporation (3) ‰ an unincorporated entity (describe): (3) ‰ an unincorporated entity (describe): (4) ‰ a public entity (describe): (4) ‰ a public entity (describe): (5) ‰ other (specify): (5) ‰ other (specify): b. ‰ except defendant (name): d. ‰ except defendant (name): (1) ‰ a business organization, form unknown (1) ‰ a business organization, form unknown (2) ‰ a corporation (2) ‰ a corporation (3) ‰ an unincorporated entity (describe): (3) ‰ an unincorporated entity (describe): (4) ‰ a public entity (describe): (4) ‰ a public entity (describe): (5) ‰ other (specify): (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): 1-15 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): 1-15 are persons whose capacities are unknown to plaintiff. 7. ‰ Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. ‰ at least one defendant now resides in its jurisdictional area. b. ‰ the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. ‰X injury to person or damage to personal property occurred in its jurisdictional area. d. ‰ 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-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 Damage, Wrongful Death Lee. Frankco PLD-PI-001 SHORT TITLE: CASE NUMBER: Lee v. Milwaukee Electric Tool Corporation 22-CIV-05292 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 22 b. ‰X General Negligence c. ‰ Intentional Tort d. ‰ Products Liability e. ‰ Premises Liability f. ‰ Other (specify) : 11. Plaintiff has suffered a. ‰X wage loss b. ‰X loss of use of property c. ‰X hospital and medical expenses d. ‰X general damage e. ‰X property damage f. ‰X loss of earning capacity g. ‰X other damage (specify) : Loss of consortium: loss of love, support, care, companionship, comfort, assistance, protection, society, and moral support regarding Plaintiff Ching Lee, as the spouse of Frankco Lee 12. ‰ 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) ‰ X compensatory damages (2) ‰ punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) ‰ according to proof (2) ‰ in the amount of: $ 15. ‰X The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): All Date: 12/16/2022 Teresa Li (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3 Damage, Wrongful Death Lee. Frankco PLD-PI-001(1) SHORT TITLE: CASE NUMBER: Lee v. Milwaukee Electric Tool Corporation 22-CIV-05292 First (number) CAUSE OF ACTION- Motor Vehicle ATTACHMENT TO ‰ X Complaint ‰ Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Frankco Lee Ching Lee 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): 04/15/2021 at (place): US101 N/B South of University Avenue MV-2. DEFENDANTS a. ‰ X The defendants who operated a motor vehicle are (names): Adam Taylor Kerrel, aka. Adam Kerzel ‰ Does to b. ‰ X The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Milwaukee Electric Tool Corporation ‰X Does 1 to 15 c. ‰ X The defendants who owned the motor vehicle which was operated with their permission are (names): Milwaukee Electric Tool Corporation ‰X Does 1 to 15 d. ‰ X The defendants who entrusted the motor vehicle are (names): Milwaukee Electric Tool Corporation ‰X Does 1 to 15 e. ‰ X The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Adam Taylor Kerrel, aka. Adam Kerzel ‰ Does to f. ‰ The defendants who are liableto plaintiffs for other reasons and the reasons for the liability are ‰ listed in Attachment MV-2f ‰ as follows: ‰ Does to Page 4 Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure § 425.12 Judicial Council of California CAUSE OF ACTION - Motor Vehicle www.courtinfo.ca.gov PLD-PI-001(1) [Rev. January 1, 2007] Lee. Frankco PLD-PI-001(2) SHORT TITLE: CASE NUMBER: Lee v. Milwaukee Electric Tool Corporation 22-CIV-05292 Second CAUSE OF ACTION- General Negligence Page 5 (number) ATTACHMENT TO ‰ X Complaint ‰ Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name) :Frankco Lee Ching Lee alleges that defendant (name) : Milwaukee Electric Tool Corporation Adam Taylor Kerrel, aka. Adam Kerzel ‰X Does 1 to 15 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): 04/15/2021 at (place): US101 N/B South of University Avenue (description of reasons for liability) : Defendants acted negligently and caused injuries to Plaintiff Frankco Lee. On the date of the incident, Defendant Kerrel was driving at 70-75 mph, exceeding the posted speed limit of 65 mph on US-101 NB and made an unsafe lane change causing collision with another vehicle and plaintiff Lee's vehicle. Defendants are in violation of California Vehicle Code Sections 21658(a) and 22350. After the impact from Defendants' vehicle, plaintiff's vehicle spun and collided with the concrete median. Plaintiff has suffered catastrophic injuries. At all relevant time, Defendant Kerrel was an agent of Defendants Milwaukee Electric Tool Corporation and was within the course and scope of his employment with Defendant Milwaukee Electric Tool Corporation. The subject vehicle was owned by Defendant Milwaukee Electric Tool Corporation. Page 1 of 1 Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of California www.courtinfo.ca.gov PLD-PI-001(2) [Rev. January 1, 2007] Lee. Frankco