Preview
AG
RECEIVED FoR
VENTURA SuPERioN cOvEN ©
JAN 03 223
MARK K. FLORES
Crane Flores LLP
15 West Carrillo Street, Suite 310
Santa Barbara, California 93101
Tel: (805) 564-8181
Fax: (805) 456-4433
mkflores@cflawyers.com
Attorney for Sofia Santoyo, a minor, by and through her guardian ad litem, Olivia
Santoyo;Olivia Santoyo
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF VENTURA
Sofia Santoyo, a minor, by and through her Case No.:
guardian ad litem, Olivia Santoyo;
)
2
} COMPLAINT FOR DAMAGES
Olivia Santoyo, individually, } FOR NEGLIGENCE AND NEGLIGENCE
PER SE
Plaintiffs, )
} DEMAND FOR JURY TRIAL
vs.
)
Reyna Perez Cortes, }
and DOES | through 100 }
Defendants.
COMES NOW the plaintiffs, Sofia Santoyo, a minor, by and through her guardian ad litem,
Olivia Santoyo; Olivia Santoyo, and for the causes of action against the defendants, and each of
them, complain and allege as follows:
FIRST CAUSE OF ACTION
(For Negligence Against Defendants Reyna Perez Cortes and DOES | through 100, inclusive)
1. The true names and capacities of the defendants, DOES | through 100, inclusive,
whether individual, corporate, associate or otherwise, are not known to plaintiff, who therefore
sues said defendants by such fictitious names and plaintiffs will ask leave of court to amend this
complaint to show their true names and capacities when the same have been ascertained.
Plaintiffs are informed and believes and thereon alleges that each of the defendants designatedherein as a DOE is legally responsible in some manner for the events and happenings referred
to herein and negligently caused the injuries and damages to the plaintiffs as herein alleged.
2. At all times herein mentioned, each defendant was the agent and employee of
each of the remaining defendants, and in doing the things hereinafter mentioned each defendant
was acting within the course and scope of his employment and authority as such agent and
employee and with the consent of his co-defendants.
3. The negligence and carelessness of each defendant combined and cooperated
with the negligence and carelessness of each of the remaining defendants to cause the below
described incident. Plaintiffs are in the class of persons that the California Vehicle Code is
intended to protect and plaintiff is informed and believes that defendants’ conduct was in
violation of applicable vehicle codes and that said defendants’ violation of said codes makes
defendants’ conduct negligent per se.
4. At all times herein mentioned, the defendants Reyna Perez Cortes and/or DOES
1 through 50 and each of them, were the owners of a certain vehicle (hereinafter referred to as
"defendants' vehicle"), and at all times herein mentioned, the defendants, Reyna Perez Cortes
and/or DOES 51 through 100, were operating and/or using said vehicle with the consent and
permission of its owners, and each of them. Defendants Reyna Perez Cortes and/or DOES 1
through 50 and each of them, owners of said vehicle are subject to liability pursuant to Vehicle
Code Section 17150.
5. On or about 1/27/2021, on Rice and Wooley Road, City of Oxnard in County
Judicial District Ventura, State of California, defendants, and each of them, so negligently,
carelessly owned, operated, maintained, controlled, and entrusted defendants' vehicle, so as to
cause defendants’ vehicle to collide with and strike plaintiffs’ vehicle and causing the injuries
and damages herein after set forth.6. Plaintiffs are further informed and believes that the conduct of defendants Reyna
Perez Cortes and Does | through 50, and each of them, as described above, was in violation of
California Vehicle Code Section 22350. Defendants’ violation of Vehicle Code Section 22350
was such that it proximately caused the injuries to plaintiffs as set forth herein above. Plaintiffs
are in the class of persons for whose protection California Vehicle Code Section
%%QUESTION2%% was adopted, and the injuries to plaintiff resulted from an occurrence of
the nature which California Vehicle Code Section 22350 was designed to prevent.
7. As a proximate result of the negligence and/or violations of applicable vehicle
code sections by the defendants, and each of them, plaintiffs Sofia Santoyo, a minor, by and
through her guardian ad litem, Olivia Santoyo;Olivia Santoyo were hurt and injured in
plaintiffs’ health, strength, and activity, sustaining injuries to plaintiffs’ body and injuries to
plaintiffs’ nervous system and persons, all of which said injuries caused and continue to cause
plaintiffs great mental, physical, and nervous pain and suffering. Plaintiffs are informed and
believe and thereby allege that said injuries will result in some permanent disability to plaintiffs,
all to plaintiffs’ general damage in an amount in excess of the minimum jurisdictional limits of
this court.
8. As a further direct and proximate result of the negligence and/or violations of
applicable vehicle code sections by the defendants, and each of them, as aforesaid, plaintiffs
have incurred and will in the future incur expenses for surgery, hospitalization, examination,
care, and treatment of plaintiffs’ injuries, the exact nature and extent of which are unknown to
plaintiffs at this time and plaintiffs will ask leave of court to amend the complaint according to
proof when the same are ascertained at trial.
9. As a further direct and proximate result of the negligence and/or violations of
applicable vehicle code sections by the defendants, and each of them, as aforesaid, plaintiffs
will be unable to pursue plaintiffs’ vocation and has therefore, suffered and will suffer in thefuture, a loss of earnings and carning capacity, the exact amount of which is unknown to
plaintiffs at this time, and plaintiffs will ask leave of court to amend the complaint according to
proof when the same are ascertained at trial.
10. As a further direct and proximate result of the negligence and/or violations of
applicable vehicle code sections by the defendants, and each of them, as aforesaid, plaintiffs
have suffered property (vehicle) damage and related expenses, the exact amount of which is
unknown to plaintiffs at this time, and plaintiffs will ask leave of court to amend the complaint
according to proof when the same are ascertained at trial.
WHEREFORE, plaintiffs, Sofia Santoyo, a minor, by and through her guardian ad litem,
Olivia Santoyo;Olivia Santoyo, pray for judgment against the defendants, and each of them, as
follows:
1. For general damages in an amount in excess of the minimum jurisdictional limits
of this court;
2. For such loss of earnings and earning capacity according to proof;
3. For the reasonable value of such medical expenses, x-rays, laboratory
procedures, hospitalization, nursing care, and attention and drugs and sundries, according to
proof;
4. For interest on plaintiff's damages as allowed by law;
5. For costs of suit incurred herein; and,
6. For such other and further relief as to the court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury in this action.
Dated: December 30, 2022
MARK K. FLORES Crane Flores
LLP
Attorney for Plaintiffs
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AG RECEIVED FoR VENTURA SuPERioN cOvEN © JAN 03 223 MARK K. FLORES Crane Flores LLP 15 West Carrillo Street, Suite 310 Santa Barbara, California 93101 Tel: (805) 564-8181 Fax: (805) 456-4433 mkflores@cflawyers.com Attorney for Sofia Santoyo, a minor, by and through her guardian ad litem, Olivia Santoyo;Olivia Santoyo SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF VENTURA Sofia Santoyo, a minor, by and through her Case No.: guardian ad litem, Olivia Santoyo; ) 2 } COMPLAINT FOR DAMAGES Olivia Santoyo, individually, } FOR NEGLIGENCE AND NEGLIGENCE PER SE Plaintiffs, ) } DEMAND FOR JURY TRIAL vs. ) Reyna Perez Cortes, } and DOES | through 100 } Defendants. COMES NOW the plaintiffs, Sofia Santoyo, a minor, by and through her guardian ad litem, Olivia Santoyo; Olivia Santoyo, and for the causes of action against the defendants, and each of them, complain and allege as follows: FIRST CAUSE OF ACTION (For Negligence Against Defendants Reyna Perez Cortes and DOES | through 100, inclusive) 1. The true names and capacities of the defendants, DOES | through 100, inclusive, whether individual, corporate, associate or otherwise, are not known to plaintiff, who therefore sues said defendants by such fictitious names and plaintiffs will ask leave of court to amend this complaint to show their true names and capacities when the same have been ascertained. Plaintiffs are informed and believes and thereon alleges that each of the defendants designatedherein as a DOE is legally responsible in some manner for the events and happenings referred to herein and negligently caused the injuries and damages to the plaintiffs as herein alleged. 2. At all times herein mentioned, each defendant was the agent and employee of each of the remaining defendants, and in doing the things hereinafter mentioned each defendant was acting within the course and scope of his employment and authority as such agent and employee and with the consent of his co-defendants. 3. The negligence and carelessness of each defendant combined and cooperated with the negligence and carelessness of each of the remaining defendants to cause the below described incident. Plaintiffs are in the class of persons that the California Vehicle Code is intended to protect and plaintiff is informed and believes that defendants’ conduct was in violation of applicable vehicle codes and that said defendants’ violation of said codes makes defendants’ conduct negligent per se. 4. At all times herein mentioned, the defendants Reyna Perez Cortes and/or DOES 1 through 50 and each of them, were the owners of a certain vehicle (hereinafter referred to as "defendants' vehicle"), and at all times herein mentioned, the defendants, Reyna Perez Cortes and/or DOES 51 through 100, were operating and/or using said vehicle with the consent and permission of its owners, and each of them. Defendants Reyna Perez Cortes and/or DOES 1 through 50 and each of them, owners of said vehicle are subject to liability pursuant to Vehicle Code Section 17150. 5. On or about 1/27/2021, on Rice and Wooley Road, City of Oxnard in County Judicial District Ventura, State of California, defendants, and each of them, so negligently, carelessly owned, operated, maintained, controlled, and entrusted defendants' vehicle, so as to cause defendants’ vehicle to collide with and strike plaintiffs’ vehicle and causing the injuries and damages herein after set forth.6. Plaintiffs are further informed and believes that the conduct of defendants Reyna Perez Cortes and Does | through 50, and each of them, as described above, was in violation of California Vehicle Code Section 22350. Defendants’ violation of Vehicle Code Section 22350 was such that it proximately caused the injuries to plaintiffs as set forth herein above. Plaintiffs are in the class of persons for whose protection California Vehicle Code Section %%QUESTION2%% was adopted, and the injuries to plaintiff resulted from an occurrence of the nature which California Vehicle Code Section 22350 was designed to prevent. 7. As a proximate result of the negligence and/or violations of applicable vehicle code sections by the defendants, and each of them, plaintiffs Sofia Santoyo, a minor, by and through her guardian ad litem, Olivia Santoyo;Olivia Santoyo were hurt and injured in plaintiffs’ health, strength, and activity, sustaining injuries to plaintiffs’ body and injuries to plaintiffs’ nervous system and persons, all of which said injuries caused and continue to cause plaintiffs great mental, physical, and nervous pain and suffering. Plaintiffs are informed and believe and thereby allege that said injuries will result in some permanent disability to plaintiffs, all to plaintiffs’ general damage in an amount in excess of the minimum jurisdictional limits of this court. 8. As a further direct and proximate result of the negligence and/or violations of applicable vehicle code sections by the defendants, and each of them, as aforesaid, plaintiffs have incurred and will in the future incur expenses for surgery, hospitalization, examination, care, and treatment of plaintiffs’ injuries, the exact nature and extent of which are unknown to plaintiffs at this time and plaintiffs will ask leave of court to amend the complaint according to proof when the same are ascertained at trial. 9. As a further direct and proximate result of the negligence and/or violations of applicable vehicle code sections by the defendants, and each of them, as aforesaid, plaintiffs will be unable to pursue plaintiffs’ vocation and has therefore, suffered and will suffer in thefuture, a loss of earnings and carning capacity, the exact amount of which is unknown to plaintiffs at this time, and plaintiffs will ask leave of court to amend the complaint according to proof when the same are ascertained at trial. 10. As a further direct and proximate result of the negligence and/or violations of applicable vehicle code sections by the defendants, and each of them, as aforesaid, plaintiffs have suffered property (vehicle) damage and related expenses, the exact amount of which is unknown to plaintiffs at this time, and plaintiffs will ask leave of court to amend the complaint according to proof when the same are ascertained at trial. WHEREFORE, plaintiffs, Sofia Santoyo, a minor, by and through her guardian ad litem, Olivia Santoyo;Olivia Santoyo, pray for judgment against the defendants, and each of them, as follows: 1. For general damages in an amount in excess of the minimum jurisdictional limits of this court; 2. For such loss of earnings and earning capacity according to proof; 3. For the reasonable value of such medical expenses, x-rays, laboratory procedures, hospitalization, nursing care, and attention and drugs and sundries, according to proof; 4. For interest on plaintiff's damages as allowed by law; 5. For costs of suit incurred herein; and, 6. For such other and further relief as to the court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury in this action. Dated: December 30, 2022 MARK K. FLORES Crane Flores LLP Attorney for Plaintiffs