Preview
1 YAGOUBZADEH LAW FIRM LLP
JOSHUA E. YAGOUBZADEH, State Bar No. 285861
2
SEAN O’DOHERTY, State Bar No. 87556
3 HALI AZIZ, ESQ. State Bar No. 337609
275 South Robertson Boulevard
4 Beverly Hills, California 90211
5
Telephone: (310) 400-5915
Facsimile: (310) 935-4324
6 Email for Electronic Service: SERVICE@YAGLAW.COM
7 Attorneys for Plaintiffs,
VERONICA AIDE GARZA and JOSE ARMANDO SANCHEZ BRAVO
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF KERN – METROPOLITAN DIVISION—CIVIL UNLIMITED
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11
VERONICA AIDE GARZA, an individual; Case No.:
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 JOSE ARMANDO SANCHEZ BRAVO, an
individual; COMPLAINT FOR DAMAGES FOR
13
1. NEGLIGENCE,
14
Plaintiffs, 2. NEGLIGENCE PER SE, AND
15 3. STATUTORY LIABILITY.
vs.
16
DEMAND FOR JURY TRIAL;
17
KNIGHT’S PUMPING & PORTABLE AND REQUEST FOR COURT REPORTER
18 SERVICES, INC., a California corporation; AT TRIAL
ADRIAN LOPEZ, an individual;
19
and DOES 1 THROUGH 50, Inclusive.
20
21 Defendants.
22
23 COMES NOW, Plaintiffs VERONICA AIDE GARZA, an individual and JOSE
24 ARMANDO SANCHEZ BRAVO, an individual, (collectively, “Plaintiffs” and/or “Plaintiff”) by
25 and through their attorneys Joshua Yagoubzadeh, Sean O’Doherty, Hali Aziz, and Yagoubzadeh
26 Law Firm LLP, bring suit against Defendants KNIGHT’S PUMPING & PORTABLE SERVICES,
27 INC., a California corporation, ADRIAN LOPEZ, an individual, and DOES 1 THROUGH 50,
28 Inclusive, (collectively, “Defendants” and/or “Defendant”), and in support thereof states as follows:
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 GENERAL ALLEGATIONS RELEVANT TO ALL CLAIMS
2 1. Plaintiffs are and at all times mentioned herein individuals who reside in the City of
3 Shafter, County of Kern, State of California.
4 2. The true names and/or capacities whether individual, corporate, associate or
5 otherwise, of Defendant DOES 1 through 50, Inclusive, are unknown to Plaintiff who therefore
6 sues said Defendants by such fictitious names. Plaintiff is informed and believes and therefore
7 alleges that each of the Defendants designated herein as a DOE are legally responsible in some
8 manner for the events and happenings herein referred to, and legally caused injury and damages
9 proximately thereby to Plaintiff as herein alleged.
10 3. At all times herein mentioned, each of the Defendants were the agent, servant,
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 employee, and joint venturer of each of the remaining Defendants and at all times alleged
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 hereinafter mentioned, Defendants were acting within the purpose and scope of said agency,
13 employment, and joint venture, and each Defendant has ratified and approved the acts of the
14 remaining Defendants.
15 4. To the extent a corporate Defendant, it is believed that any such Defendant’s
16 corporate officers and directors ratified and approved any wrongful conduct alleged in this
17 complaint or were directly responsible for perpetrating such conduct.
18 5. To the extent any Defendant is a governmental entity, it is believed that any such
19 Defendant’s board, officers, and directors ratified and approved any wrongful conduct alleged in
20 this complaint or were directly responsible for perpetrating such conduct.
21 6. Plaintiffs are informed and believe, and upon such information and belief allege
22 that Defendant KNIGHT’S PUMPING & PORTABLE SERVICES, INC., a California
23 corporation, is now, and at all times herein mentioned was, a California corporation licensed to do
24 business in California and in good standing, with corporate offices at 1550 James Road,
25 Bakersfield, California 93308.
26 7. Plaintiffs are informed and believe, and upon such information and belief allege
27 that Defendant ADRIAN LOPEZ, an individual, and DOES 1 through 25, Inclusive, and each of
28 them were acting within the course and scope of their employment for Defendants KNIGHT’S
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 PUMPING & PORTABLE SERVICES, INC., a California corporation, and DOES 26
2 THROUGH 50, Inclusive, and each of them, at the time of the February 12, 2021 incident giving
3 rise to this action.
4 8. Plaintiffs are informed and believe, and upon such information and belief allege
5 that Defendant KNIGHT’S PUMPING & PORTABLE SERVICES, INC., a California
6 corporation, and DOES 26 through 50, Inclusive, and each of them, by their acts and omissions
7 negligently employed, trained, hired, supervised, retained, entrusted their employees and
8 otherwise so negligently conducted themselves, so as to cause the above harm and loss to
9 Plaintiffs.
10 JURISDICTION AND VENUE
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 9. This Court has jurisdiction over Defendants because Defendants are residents of
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 California, and/or do business in California.
13 10. The injuries upon which this action is based occurred in the City of Shafter, County
14 of Kern, State of California.
15 FIRST CAUSE OF ACTION
16 For Negligence
17 Against All Defendants
18 11. Plaintiffs repeat, reiterate, and re-allege each and every fact and/or allegation set
19 forth in the prior paragraphs of this complaint with the same force and effect as though more fully
20 set forth at length herein.
21 12. At all times mentioned, Plaintiff VERONICA AIDE GARZA was the driver of a
22 lawfully operating motor vehicle which may be described as a 2019 CHEVROLET MALIBU
23 (“PLAINTIFF’S VEHICLE”) believed to have been bearing a California license plate BHGB699.
24 13. At all times hereinafter mentioned, Plaintiff JOSE ARMANDO SANCHEZ
25 BRAVO, an individual, was a passenger of the aforementioned PLAINTIFF’S VEHICLE.
26 14. At all times hereinafter mentioned, the Defendants, particularly Defendants
27 KNIGHT’S PUMPING & PORTABLE SERVICES, INC., a California corporation, ADRIAN
28 LOPEZ, an individual, and DOES 1 THROUGH 50, Inclusive, and each of them was the operator
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 of a certain motor vehicle which may be described as a 2012 INTERNATIONAL
2 (“DEFENDANT’S VEHICLE”) believed to have been bearing California license plate 8Z79802.
3 15. At all times herein mentioned, the PLAINTIFF’S VEHICLE and DEFENDANT’S
4 VEHICLE were traveling at or near certain public roadways known as EAST LERDO
5 HIGHWAY and CENTRAL VALLEY HIGHWAY in the City of Shafter, County of Kern, State
6 of California.
7 16. On or about February 12, 2021, Plaintiff VERONICA AIDE GARZA, driver of the
8 aforementioned PLAINTIFF’S VEHICLE, was involved in a collision caused by the
9 aforementioned DEFENDANT’S VEHICLE that was operated, driven, controlled, maintained,
10 and/or managed by the aforementioned Defendants KNIGHT’S PUMPING & PORTABLE
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 SERVICES, INC., a California corporation, ADRIAN LOPEZ, an individual, and DOES 1
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 THROUGH 50, Inclusive, and each of them.
13 17. At the time, the aforementioned DEFENDANT’S VEHICLE was operated, driven,
14 controlled, maintained, and/or managed by Defendants and each of them in a negligent, careless
15 and reckless manner so as to proximately cause the aforementioned collision.
16 18. Among other things, the driver of the aforementioned DEFENDANT’S VEHICLE
17 drove in an unsafe manner in violation of California Vehicle Code Sections 22350, 21703, and
18 23123.
19 19. In acting and in failing to act as aforementioned, the Defendants acted in a
20 negligent, reckless, careless and improper manner, and with gross negligence, and conscious
21 disregard, and that Defendants were otherwise careless and negligent in the instance.
22 20. In addition, it is alleged that each and every Defendant which will be found to have
23 been an owner, registrant, lessor, lessee, bailor and/or bailee of the aforementioned
24 DEFENDANT’S VEHICLE negligently entrusted said DEFENDANT’S VEHICLE to the driver
25 thereof, and that said Defendants were otherwise careless and negligent in the instance.
26 21. In contrast at said time and place, Plaintiffs were acting with due caution, attention
27 and care and did not in any way contribute to or cause the collision and/or injuries as described
28 hereinafter.
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 22. As a proximate result of said acts of the Defendants, and each of them, Plaintiffs
2 were hurt and physically injured, sustaining medical bills, loss of earnings/earnings capacity, pain,
3 suffering, loss of enjoyment of life and other damages, as well as substantial property damage,
4 loss of use, and other associated charges and damages, and will continue to sustain such damages
5 in the future.
6 23. The Plaintiffs’ general and special damages are in an amount in excess of the
7 jurisdictional limits of all lower Courts, which will be shown according to proof at time of trial.
8 24. By reason of the foregoing, Plaintiffs have been damaged in a sum which exceed
9 the jurisdictional limits of all lower Courts, which would otherwise have jurisdiction.
10 SECOND CAUSE OF ACTION
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 For Negligence Per Se
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 Against All Defendants
13 25. Plaintiffs repeat, reiterate and re-allege each and every fact and/or allegation set
14 forth in the prior paragraphs of this complaint with the same force and effect as though more fully
15 set forth at length herein.
16 26. That the Defendants and each of them violated applicable statutory law, including
17 but not limited to, California Vehicle Code Sections 22350, 21703, and 23123.
18 27. That the foregoing statutes were designed to protect the class of persons which
19 include the Plaintiffs as members. Moreover, it was for the Plaintiffs’ protection that the said
20 statutes were adopted, and the statutes were designed to protect against the very conduct
21 perpetrated by Defendants and each of them as against the Plaintiffs. Furthermore, the resulting
22 harm suffered by the Plaintiffs herein were caused by violation of the aforementioned statutes.
23 28. Thus, in acting and in failing to act as aforementioned, in violation of the
24 aforementioned statutes, the Defendants were negligent per se.
25 29. In contrast, at said time and place, Plaintiffs were acting with due caution, attention
26 and care and did not in any way contribute to or cause the collision and/or injuries as described
27 hereinafter.
28 ///
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 30. As a proximate result of said acts of Defendants, and each of them, Plaintiffs were
2 hurt and physically injured, sustaining medical bills, loss of earnings/earnings capacity, pain,
3 suffering, loss of enjoyment of life and other damages, as well as substantial property damage,
4 loss of use, and other associated charges and damages, and will continue to sustain such damages
5 in the future.
6 31. The Plaintiffs’ general and special damages are in an amount in excess of the
7 jurisdictional limits of all lower Courts, which will be shown according to proof at time of trial.
8 32. By reason of the foregoing, Plaintiffs have been damaged in a sum which exceed
9 the jurisdictional limits of all lower Courts, which would otherwise have jurisdiction.
10 THIRD CAUSE OF ACTION
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 For Statutory Liability
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 Against All Defendants
13 33. Plaintiffs repeat, reiterate and re-allege each and every fact and/or allegation set
14 forth in the prior paragraphs of this complaint with the same force and effect as though more fully
15 set forth at length herein.
16 34. At all times hereinafter mentioned, the aforementioned DEFENDANT’S
17 VEHICLE was controlled, maintained and/or managed by Defendants KNIGHT’S PUMPING &
18 PORTABLE SERVICES, INC., a California corporation, ADRIAN LOPEZ, an individual, and
19 DOES 1 THROUGH 50, Inclusive, and each of them.
20 35. That the said Defendants expressly and impliedly permitted the driver-defendant,
21 Defendants KNIGHT’S PUMPING & PORTABLE SERVICES, INC., a California corporation,
22 ADRIAN LOPEZ, an individual, and DOES 1 THROUGH 50, Inclusive, and each of them, to use
23 their vehicle at all times alleged herein, most particularly at the time of the accident alleged in this
24 complaint.
25 36. That by reason of the foregoing, and the application of various legal doctrines,
26 theories, and rules, including but not limited to, the “permissive use doctrine” and Vehicle Code
27 Sections 17150-17159, et. seq., the said Defendants, as the owners and/or bailees of the
28 aforementioned vehicle are statutorily liable for the acts and commissions of the driver of their
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 vehicle to whom permission to operate the said vehicle was given at the time of the collision
2 alleged herein.
3 37. That by reason of the foregoing, each and every Defendant is and responsible for
4 the injuries to Plaintiffs resulting from the negligent and/or wrongful act or omissions of the driver
5 of their vehicle.
6 38. As a proximate result of said acts of Defendants and each of them, Plaintiffs were
7 hurt and physically injured, sustaining medical bills, loss of earnings/earnings capacity, pain,
8 suffering, loss of enjoyment of life and other damages, as well as substantial property damage,
9 loss of use, and other associated charges and damages, and will continue to sustain such damages
10 in the future.
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 39. The Plaintiffs’ general and special damages are in an amount in excess of the
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 jurisdictional limits of all lower Courts, which will be shown according to proof at time of trial.
13 40. By reason of the foregoing, Plaintiffs have been damaged in a sum which exceed
14 the jurisdictional limits of all lower Courts, which would otherwise have jurisdiction.
15 FOURTH CAUSE OF ACTION
16 For Punitive Damages
17 Against All Defendants
18 41. As additional damages against Defendants, Plaintiffs allege that Defendants were
19 guilty of malice and oppression within Civil Code Section 3294, and that Plaintiffs should recover
20 punitive damages in addition to actual and general damages.
21 42. The facts supporting Plaintiffs’ claim for punitive damages are as follows: On
22 February 12, 2021, at or near the intersection of EAST LERDO HIGHWAY and CENTRAL
23 VALLEY HIGHWAY in the City of Shafter, County of Kern, State of California, Defendant
24 ADRIAN LOPEZ, while driving under the course and scope of his employment with KNIGHT’S
25 PUMPING & PORTABLE SERVICES, INC., failed to observe the excessive speed in which he
26 was driving and caused a collision with Plaintiffs’ vehicle. Defendant, ADRIAN LOPEZ was unfit
27 to operate the aforementioned DEFENDANT’S VEHICLE, causing substantial harms and losses
28 to Plaintiffs.
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 43. At all times relevant, Defendants, and each of them, were responsible for the safe
2 operation and proper maintenance, management, and control of the aforementioned
3 DEFENDANT’S VEHICLE.
4 44. Defendants’ officers, directors, and managing agents employed individuals whom
5 they had advanced knowledge were unfit to operate the DEFENDANT’S VEHICLE and despite
6 this advanced knowledge of the unfitness of their employees they used these individuals to operate
7 the DEFENDANT’S VEHICLE anyway.
8 45. On information and belief, Defendants, and each of them, had policies, procedures,
9 and practices that required their employee(s) to perform safe and proper maintenance,
10 management, and control of the subject DEFENDANT’S VEHICLE and ensure that the
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 DEFENDANT’S VEHICLE was operated in a safe manner.
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 46. On information and belief, on or about February 12, 2021, Defendants, by and
13 through their respective officers, directors and managing agents, employed, hired, retained, and
14 designated Defendant, ADRIAN LOPEZ to operate and perform the safe and proper maintenance,
15 management, and control of the subject DEFENDANT’S VEHICLE.
16 47. Prior to February 12, 2021, Defendants, and each of them, knew that Defendant,
17 ADRIAN LOPEZ was unfit to operate and perform the safe and proper maintenance,
18 management, and control subject DEFENDANT’S VEHICLE.
19 48. Despite knowing that Defendant, ADRIAN LOPEZ was unfit to operate and
20 perform the safe and proper maintenance, management, and control of the subject
21 DEFENDANT’S VEHICLE, Defendants, and each of them, by and through their respective
22 officers, directors, or managing agents, employed, hired, retained, and designated Defendant,
23 ADRIAN LOPEZ to operate and perform the safe and proper maintenance, management, and
24 control of the subject DEFENDANT’S VEHICLE.
25 49. Despite Defendants’ advanced knowledge that Defendant, ADRIAN LOPEZ was
26 unfit to operate and perform the safe and proper maintenance, management, and control of the
27 subject DEFENDANT’S VEHICLE, Defendants, and each of them, by and through their
28 respective officers, directors, or managing agents, represented, warranted, and otherwise held
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 Defendant, ADRIAN LOPEZ as qualified to operate and perform the safe and proper
2 maintenance, management, and control of the subject DEFENDANT’S VEHICLE.
3 50. By and through the aforementioned conduct, Defendants, inclusive of their
4 respective officers, directors, and managing agents, thereby condoned, adopted, and otherwise
5 ratified the conduct of Defendant, ADRIAN LOPEZ who was charged with the duty to operate
6 and ensure the safe and proper maintenance, management, and control the DEFENDANT’S
7 VEHICLE.
8 51. As a result of Defendants’ disregard of ADRIAN LOPEZ’S unfitness to operate
9 and perform the safe and proper maintenance, management, and control of the subject
10 DEFENDANT’S VEHICLE, Defendant ADRIAN LOPEZ, while driving under his course and
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 scope of employment with KNIGHT’S PUMPING & PORTABLE SERVICES, INC., was
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 nonetheless permitted to drive when failed to observe the excessive speed in which he was driving
13 and crashed into Plaintiffs’ vehicle, which caused property damage and great bodily injuries to
14 Plaintiffs.
15 52. Defendants made the conscious decision to ignore Defendant, ADRIAN LOPEZ’S
16 unfitness to operate and perform ensure the safe and proper maintenance, management, and
17 control of the DEFENDANT’S VEHICLE so as to cause harm and losses to Plaintiffs.
18 53. Defendants acted with knowledge that probable serious injury to others would
19 result from the conscious disregard of Defendant, ADRIAN LOPEZ’S unfitness to operate,
20 perform and ensure the safe and proper maintenance, management, and control of the
21 DEFENDANT’S VEHICLE on public roads where other individuals were present, and willfully
22 disregarded the probable dangerous consequences of their actions.
23 54. Despite having the knowledge that probable serious injury to others would result in
24 disregarding the Defendant, ADRIAN LOPEZ’S unfitness to operate, perform and ensure the safe
25 and proper maintenance, management, and control of the DEFENDANT’S VEHICLE on public
26 roads where others are present, Defendants willfully failed to avoid such consequences.
27 55. Defendants acted with willful and conscious disregard that serious injury to others
28 would result from their actions by failing to instruct their employees to discontinue work and
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 ensure the safe operation and proper maintenance, management, and control of the subject
2 DEFENDANT’S VEHICLE.
3 56. Despite having the prior knowledge that Defendant, ADRIAN LOPEZ was unfit to
4 safely operate a motor vehicle, Defendants willfully failed to avoid such consequences.
5 57. Defendants acted with knowledge that probable serious injury to others would
6 result from designating an individual unfit to operate and perform the safe and proper
7 maintenance, management, and control subject DEFENDANT’S VEHICLE, and serious injury to
8 another person did result.
9 58. In acting and in failing to act as aforementioned, the Defendants acted in a
10 negligent, reckless, careless, and improper manner, and with gross negligence, and conscious
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 disregard, and that Defendants were otherwise careless and negligent in the instance.
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 59. In addition, it is alleged that each and every Defendant which will be found to have
13 been an owner, leased, occupied, managed, used, maintained, and/or controlled the
14 aforementioned DEFENDANT’S VEHICLE, and that said Defendants were otherwise careless
15 and negligent in the instance.
16 60. In contrast, at said time and place, Plaintiffs were acting with due caution, attention
17 and care and did not in any way contribute to, or cause the injuries as described hereinafter.
18 61. As a direct and proximate cause result from designating an individual unfit to
19 operate and perform the safe and proper maintenance, management, and control of the subject
20 DEFENDANT’S VEHICLE as previously alleged, Plaintiffs VERONICA AIDE GARZA and
21 JOSE ARMANDO SANCHEZ BRAVO suffered serious injuries to their health, strength and
22 activity sustaining injuries to their body, and shock to their nervous system and person.
23 62. Prior to February 12, 2021, Plaintiffs VERONICA AIDE GARZA and JOSE
24 ARMANDO SANCHEZ BRAVO were healthy and active individuals capable of carrying out all
25 elements of their daily living.
26 63. As a further, direct, and legal result of the Defendants’ actions as previously
27 alleged, Plaintiffs VERONICA AIDE GARZA and JOSE ARMANDO SANCHEZ BRAVO were
28 required to and did employ physicians and/or other medical care providers to examine, treat, and
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 care for their injuries and did incur medical and incidental expenses as a result thereof, and will
2 continue to incur additional medical and incidental expenses in the future. The exact amount of
3 such medical and incidental expenses is unknown to VERONICA AIDE GARZA and JOSE
4 ARMANDO SANCHEZ BRAVO at this time but is within the jurisdiction of this Court.
5 64. As a further, direct, and legal result of Defendants’ actions previously alleged,
6 Plaintiffs VERONICA AIDE GARZA and JOSE ARMANDO SANCHEZ BRAVO have
7 necessarily incurred and will continue to incur incidental expenses and damages in amounts which
8 have not yet been fully ascertained and leave of Court is requested to amend this Complaint to
9 conform to proof at the time of trial.
10 PRAYER FOR RELIEF
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11 WHEREFORE PLAINTIFFS PRAY for judgment against Defendants, as follows:
275 South Robertson Boulevard
YAGOUBZADEH LAW FIRM LLP
Beverly Hills, California 90211
12 A. General damages/non-economic damages in a sum according to proof against all
13 Defendants;
14 B. Special damages/economic losses, including but not limited to, loss of earnings,
15 medical expenses, and all incidental expenses;
16 C. Punitive damages;
17 D. Loss of earnings/earnings capacity;
18 E. Property damage, loss of use, according to proof;
19 F. Costs of suit, interest, and attorney’s fees, according to proof to the extent allowed
20 by law; and
21 G. For such other and further relief as the court may deem just and proper.
22 DEMAND FOR TRIAL BY JURY
23 Plaintiffs hereby demand a trial by jury on all issues triable by jury.
24 ///
25 ///
26 ///
27 ///
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PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR
COURT REPORTER AT TRIAL
1 REQUEST FOR COURT REPORTER AT TRIAL
2 Pursuant to California Rules of Court, Rule 2.956 (b)(3), Plaintiffs respectfully request the
3 presence of an official court reporter at trial.
4
5 Dated: February 9, 2023 YAGOUBZADEH LAW FIRM LLP
6
7 By: ______________________________
HALI AZIZ, ESQ.
8
Attorneys for Plaintiffs,
9 VERONICA AIDE GARZA and JOSE
ARMANDO SANCHEZ BRAVO
10
Telephone: (310) 400-5915 Facsimile: (310) 935-4324
11
275 South Rober
Preview
1 YAGOUBZADEH LAW FIRM LLP JOSHUA E. YAGOUBZADEH, State Bar No. 285861 2 SEAN O’DOHERTY, State Bar No. 87556 3 HALI AZIZ, ESQ. State Bar No. 337609 275 South Robertson Boulevard 4 Beverly Hills, California 90211 5 Telephone: (310) 400-5915 Facsimile: (310) 935-4324 6 Email for Electronic Service: SERVICE@YAGLAW.COM 7 Attorneys for Plaintiffs, VERONICA AIDE GARZA and JOSE ARMANDO SANCHEZ BRAVO 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF KERN – METROPOLITAN DIVISION—CIVIL UNLIMITED Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 VERONICA AIDE GARZA, an individual; Case No.: 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 JOSE ARMANDO SANCHEZ BRAVO, an individual; COMPLAINT FOR DAMAGES FOR 13 1. NEGLIGENCE, 14 Plaintiffs, 2. NEGLIGENCE PER SE, AND 15 3. STATUTORY LIABILITY. vs. 16 DEMAND FOR JURY TRIAL; 17 KNIGHT’S PUMPING & PORTABLE AND REQUEST FOR COURT REPORTER 18 SERVICES, INC., a California corporation; AT TRIAL ADRIAN LOPEZ, an individual; 19 and DOES 1 THROUGH 50, Inclusive. 20 21 Defendants. 22 23 COMES NOW, Plaintiffs VERONICA AIDE GARZA, an individual and JOSE 24 ARMANDO SANCHEZ BRAVO, an individual, (collectively, “Plaintiffs” and/or “Plaintiff”) by 25 and through their attorneys Joshua Yagoubzadeh, Sean O’Doherty, Hali Aziz, and Yagoubzadeh 26 Law Firm LLP, bring suit against Defendants KNIGHT’S PUMPING & PORTABLE SERVICES, 27 INC., a California corporation, ADRIAN LOPEZ, an individual, and DOES 1 THROUGH 50, 28 Inclusive, (collectively, “Defendants” and/or “Defendant”), and in support thereof states as follows: -1- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 GENERAL ALLEGATIONS RELEVANT TO ALL CLAIMS 2 1. Plaintiffs are and at all times mentioned herein individuals who reside in the City of 3 Shafter, County of Kern, State of California. 4 2. The true names and/or capacities whether individual, corporate, associate or 5 otherwise, of Defendant DOES 1 through 50, Inclusive, are unknown to Plaintiff who therefore 6 sues said Defendants by such fictitious names. Plaintiff is informed and believes and therefore 7 alleges that each of the Defendants designated herein as a DOE are legally responsible in some 8 manner for the events and happenings herein referred to, and legally caused injury and damages 9 proximately thereby to Plaintiff as herein alleged. 10 3. At all times herein mentioned, each of the Defendants were the agent, servant, Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 employee, and joint venturer of each of the remaining Defendants and at all times alleged 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 hereinafter mentioned, Defendants were acting within the purpose and scope of said agency, 13 employment, and joint venture, and each Defendant has ratified and approved the acts of the 14 remaining Defendants. 15 4. To the extent a corporate Defendant, it is believed that any such Defendant’s 16 corporate officers and directors ratified and approved any wrongful conduct alleged in this 17 complaint or were directly responsible for perpetrating such conduct. 18 5. To the extent any Defendant is a governmental entity, it is believed that any such 19 Defendant’s board, officers, and directors ratified and approved any wrongful conduct alleged in 20 this complaint or were directly responsible for perpetrating such conduct. 21 6. Plaintiffs are informed and believe, and upon such information and belief allege 22 that Defendant KNIGHT’S PUMPING & PORTABLE SERVICES, INC., a California 23 corporation, is now, and at all times herein mentioned was, a California corporation licensed to do 24 business in California and in good standing, with corporate offices at 1550 James Road, 25 Bakersfield, California 93308. 26 7. Plaintiffs are informed and believe, and upon such information and belief allege 27 that Defendant ADRIAN LOPEZ, an individual, and DOES 1 through 25, Inclusive, and each of 28 them were acting within the course and scope of their employment for Defendants KNIGHT’S -2- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 PUMPING & PORTABLE SERVICES, INC., a California corporation, and DOES 26 2 THROUGH 50, Inclusive, and each of them, at the time of the February 12, 2021 incident giving 3 rise to this action. 4 8. Plaintiffs are informed and believe, and upon such information and belief allege 5 that Defendant KNIGHT’S PUMPING & PORTABLE SERVICES, INC., a California 6 corporation, and DOES 26 through 50, Inclusive, and each of them, by their acts and omissions 7 negligently employed, trained, hired, supervised, retained, entrusted their employees and 8 otherwise so negligently conducted themselves, so as to cause the above harm and loss to 9 Plaintiffs. 10 JURISDICTION AND VENUE Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 9. This Court has jurisdiction over Defendants because Defendants are residents of 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 California, and/or do business in California. 13 10. The injuries upon which this action is based occurred in the City of Shafter, County 14 of Kern, State of California. 15 FIRST CAUSE OF ACTION 16 For Negligence 17 Against All Defendants 18 11. Plaintiffs repeat, reiterate, and re-allege each and every fact and/or allegation set 19 forth in the prior paragraphs of this complaint with the same force and effect as though more fully 20 set forth at length herein. 21 12. At all times mentioned, Plaintiff VERONICA AIDE GARZA was the driver of a 22 lawfully operating motor vehicle which may be described as a 2019 CHEVROLET MALIBU 23 (“PLAINTIFF’S VEHICLE”) believed to have been bearing a California license plate BHGB699. 24 13. At all times hereinafter mentioned, Plaintiff JOSE ARMANDO SANCHEZ 25 BRAVO, an individual, was a passenger of the aforementioned PLAINTIFF’S VEHICLE. 26 14. At all times hereinafter mentioned, the Defendants, particularly Defendants 27 KNIGHT’S PUMPING & PORTABLE SERVICES, INC., a California corporation, ADRIAN 28 LOPEZ, an individual, and DOES 1 THROUGH 50, Inclusive, and each of them was the operator -3- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 of a certain motor vehicle which may be described as a 2012 INTERNATIONAL 2 (“DEFENDANT’S VEHICLE”) believed to have been bearing California license plate 8Z79802. 3 15. At all times herein mentioned, the PLAINTIFF’S VEHICLE and DEFENDANT’S 4 VEHICLE were traveling at or near certain public roadways known as EAST LERDO 5 HIGHWAY and CENTRAL VALLEY HIGHWAY in the City of Shafter, County of Kern, State 6 of California. 7 16. On or about February 12, 2021, Plaintiff VERONICA AIDE GARZA, driver of the 8 aforementioned PLAINTIFF’S VEHICLE, was involved in a collision caused by the 9 aforementioned DEFENDANT’S VEHICLE that was operated, driven, controlled, maintained, 10 and/or managed by the aforementioned Defendants KNIGHT’S PUMPING & PORTABLE Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 SERVICES, INC., a California corporation, ADRIAN LOPEZ, an individual, and DOES 1 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 THROUGH 50, Inclusive, and each of them. 13 17. At the time, the aforementioned DEFENDANT’S VEHICLE was operated, driven, 14 controlled, maintained, and/or managed by Defendants and each of them in a negligent, careless 15 and reckless manner so as to proximately cause the aforementioned collision. 16 18. Among other things, the driver of the aforementioned DEFENDANT’S VEHICLE 17 drove in an unsafe manner in violation of California Vehicle Code Sections 22350, 21703, and 18 23123. 19 19. In acting and in failing to act as aforementioned, the Defendants acted in a 20 negligent, reckless, careless and improper manner, and with gross negligence, and conscious 21 disregard, and that Defendants were otherwise careless and negligent in the instance. 22 20. In addition, it is alleged that each and every Defendant which will be found to have 23 been an owner, registrant, lessor, lessee, bailor and/or bailee of the aforementioned 24 DEFENDANT’S VEHICLE negligently entrusted said DEFENDANT’S VEHICLE to the driver 25 thereof, and that said Defendants were otherwise careless and negligent in the instance. 26 21. In contrast at said time and place, Plaintiffs were acting with due caution, attention 27 and care and did not in any way contribute to or cause the collision and/or injuries as described 28 hereinafter. -4- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 22. As a proximate result of said acts of the Defendants, and each of them, Plaintiffs 2 were hurt and physically injured, sustaining medical bills, loss of earnings/earnings capacity, pain, 3 suffering, loss of enjoyment of life and other damages, as well as substantial property damage, 4 loss of use, and other associated charges and damages, and will continue to sustain such damages 5 in the future. 6 23. The Plaintiffs’ general and special damages are in an amount in excess of the 7 jurisdictional limits of all lower Courts, which will be shown according to proof at time of trial. 8 24. By reason of the foregoing, Plaintiffs have been damaged in a sum which exceed 9 the jurisdictional limits of all lower Courts, which would otherwise have jurisdiction. 10 SECOND CAUSE OF ACTION Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 For Negligence Per Se 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 Against All Defendants 13 25. Plaintiffs repeat, reiterate and re-allege each and every fact and/or allegation set 14 forth in the prior paragraphs of this complaint with the same force and effect as though more fully 15 set forth at length herein. 16 26. That the Defendants and each of them violated applicable statutory law, including 17 but not limited to, California Vehicle Code Sections 22350, 21703, and 23123. 18 27. That the foregoing statutes were designed to protect the class of persons which 19 include the Plaintiffs as members. Moreover, it was for the Plaintiffs’ protection that the said 20 statutes were adopted, and the statutes were designed to protect against the very conduct 21 perpetrated by Defendants and each of them as against the Plaintiffs. Furthermore, the resulting 22 harm suffered by the Plaintiffs herein were caused by violation of the aforementioned statutes. 23 28. Thus, in acting and in failing to act as aforementioned, in violation of the 24 aforementioned statutes, the Defendants were negligent per se. 25 29. In contrast, at said time and place, Plaintiffs were acting with due caution, attention 26 and care and did not in any way contribute to or cause the collision and/or injuries as described 27 hereinafter. 28 /// -5- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 30. As a proximate result of said acts of Defendants, and each of them, Plaintiffs were 2 hurt and physically injured, sustaining medical bills, loss of earnings/earnings capacity, pain, 3 suffering, loss of enjoyment of life and other damages, as well as substantial property damage, 4 loss of use, and other associated charges and damages, and will continue to sustain such damages 5 in the future. 6 31. The Plaintiffs’ general and special damages are in an amount in excess of the 7 jurisdictional limits of all lower Courts, which will be shown according to proof at time of trial. 8 32. By reason of the foregoing, Plaintiffs have been damaged in a sum which exceed 9 the jurisdictional limits of all lower Courts, which would otherwise have jurisdiction. 10 THIRD CAUSE OF ACTION Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 For Statutory Liability 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 Against All Defendants 13 33. Plaintiffs repeat, reiterate and re-allege each and every fact and/or allegation set 14 forth in the prior paragraphs of this complaint with the same force and effect as though more fully 15 set forth at length herein. 16 34. At all times hereinafter mentioned, the aforementioned DEFENDANT’S 17 VEHICLE was controlled, maintained and/or managed by Defendants KNIGHT’S PUMPING & 18 PORTABLE SERVICES, INC., a California corporation, ADRIAN LOPEZ, an individual, and 19 DOES 1 THROUGH 50, Inclusive, and each of them. 20 35. That the said Defendants expressly and impliedly permitted the driver-defendant, 21 Defendants KNIGHT’S PUMPING & PORTABLE SERVICES, INC., a California corporation, 22 ADRIAN LOPEZ, an individual, and DOES 1 THROUGH 50, Inclusive, and each of them, to use 23 their vehicle at all times alleged herein, most particularly at the time of the accident alleged in this 24 complaint. 25 36. That by reason of the foregoing, and the application of various legal doctrines, 26 theories, and rules, including but not limited to, the “permissive use doctrine” and Vehicle Code 27 Sections 17150-17159, et. seq., the said Defendants, as the owners and/or bailees of the 28 aforementioned vehicle are statutorily liable for the acts and commissions of the driver of their -6- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 vehicle to whom permission to operate the said vehicle was given at the time of the collision 2 alleged herein. 3 37. That by reason of the foregoing, each and every Defendant is and responsible for 4 the injuries to Plaintiffs resulting from the negligent and/or wrongful act or omissions of the driver 5 of their vehicle. 6 38. As a proximate result of said acts of Defendants and each of them, Plaintiffs were 7 hurt and physically injured, sustaining medical bills, loss of earnings/earnings capacity, pain, 8 suffering, loss of enjoyment of life and other damages, as well as substantial property damage, 9 loss of use, and other associated charges and damages, and will continue to sustain such damages 10 in the future. Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 39. The Plaintiffs’ general and special damages are in an amount in excess of the 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 jurisdictional limits of all lower Courts, which will be shown according to proof at time of trial. 13 40. By reason of the foregoing, Plaintiffs have been damaged in a sum which exceed 14 the jurisdictional limits of all lower Courts, which would otherwise have jurisdiction. 15 FOURTH CAUSE OF ACTION 16 For Punitive Damages 17 Against All Defendants 18 41. As additional damages against Defendants, Plaintiffs allege that Defendants were 19 guilty of malice and oppression within Civil Code Section 3294, and that Plaintiffs should recover 20 punitive damages in addition to actual and general damages. 21 42. The facts supporting Plaintiffs’ claim for punitive damages are as follows: On 22 February 12, 2021, at or near the intersection of EAST LERDO HIGHWAY and CENTRAL 23 VALLEY HIGHWAY in the City of Shafter, County of Kern, State of California, Defendant 24 ADRIAN LOPEZ, while driving under the course and scope of his employment with KNIGHT’S 25 PUMPING & PORTABLE SERVICES, INC., failed to observe the excessive speed in which he 26 was driving and caused a collision with Plaintiffs’ vehicle. Defendant, ADRIAN LOPEZ was unfit 27 to operate the aforementioned DEFENDANT’S VEHICLE, causing substantial harms and losses 28 to Plaintiffs. -7- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 43. At all times relevant, Defendants, and each of them, were responsible for the safe 2 operation and proper maintenance, management, and control of the aforementioned 3 DEFENDANT’S VEHICLE. 4 44. Defendants’ officers, directors, and managing agents employed individuals whom 5 they had advanced knowledge were unfit to operate the DEFENDANT’S VEHICLE and despite 6 this advanced knowledge of the unfitness of their employees they used these individuals to operate 7 the DEFENDANT’S VEHICLE anyway. 8 45. On information and belief, Defendants, and each of them, had policies, procedures, 9 and practices that required their employee(s) to perform safe and proper maintenance, 10 management, and control of the subject DEFENDANT’S VEHICLE and ensure that the Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 DEFENDANT’S VEHICLE was operated in a safe manner. 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 46. On information and belief, on or about February 12, 2021, Defendants, by and 13 through their respective officers, directors and managing agents, employed, hired, retained, and 14 designated Defendant, ADRIAN LOPEZ to operate and perform the safe and proper maintenance, 15 management, and control of the subject DEFENDANT’S VEHICLE. 16 47. Prior to February 12, 2021, Defendants, and each of them, knew that Defendant, 17 ADRIAN LOPEZ was unfit to operate and perform the safe and proper maintenance, 18 management, and control subject DEFENDANT’S VEHICLE. 19 48. Despite knowing that Defendant, ADRIAN LOPEZ was unfit to operate and 20 perform the safe and proper maintenance, management, and control of the subject 21 DEFENDANT’S VEHICLE, Defendants, and each of them, by and through their respective 22 officers, directors, or managing agents, employed, hired, retained, and designated Defendant, 23 ADRIAN LOPEZ to operate and perform the safe and proper maintenance, management, and 24 control of the subject DEFENDANT’S VEHICLE. 25 49. Despite Defendants’ advanced knowledge that Defendant, ADRIAN LOPEZ was 26 unfit to operate and perform the safe and proper maintenance, management, and control of the 27 subject DEFENDANT’S VEHICLE, Defendants, and each of them, by and through their 28 respective officers, directors, or managing agents, represented, warranted, and otherwise held -8- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 Defendant, ADRIAN LOPEZ as qualified to operate and perform the safe and proper 2 maintenance, management, and control of the subject DEFENDANT’S VEHICLE. 3 50. By and through the aforementioned conduct, Defendants, inclusive of their 4 respective officers, directors, and managing agents, thereby condoned, adopted, and otherwise 5 ratified the conduct of Defendant, ADRIAN LOPEZ who was charged with the duty to operate 6 and ensure the safe and proper maintenance, management, and control the DEFENDANT’S 7 VEHICLE. 8 51. As a result of Defendants’ disregard of ADRIAN LOPEZ’S unfitness to operate 9 and perform the safe and proper maintenance, management, and control of the subject 10 DEFENDANT’S VEHICLE, Defendant ADRIAN LOPEZ, while driving under his course and Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 scope of employment with KNIGHT’S PUMPING & PORTABLE SERVICES, INC., was 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 nonetheless permitted to drive when failed to observe the excessive speed in which he was driving 13 and crashed into Plaintiffs’ vehicle, which caused property damage and great bodily injuries to 14 Plaintiffs. 15 52. Defendants made the conscious decision to ignore Defendant, ADRIAN LOPEZ’S 16 unfitness to operate and perform ensure the safe and proper maintenance, management, and 17 control of the DEFENDANT’S VEHICLE so as to cause harm and losses to Plaintiffs. 18 53. Defendants acted with knowledge that probable serious injury to others would 19 result from the conscious disregard of Defendant, ADRIAN LOPEZ’S unfitness to operate, 20 perform and ensure the safe and proper maintenance, management, and control of the 21 DEFENDANT’S VEHICLE on public roads where other individuals were present, and willfully 22 disregarded the probable dangerous consequences of their actions. 23 54. Despite having the knowledge that probable serious injury to others would result in 24 disregarding the Defendant, ADRIAN LOPEZ’S unfitness to operate, perform and ensure the safe 25 and proper maintenance, management, and control of the DEFENDANT’S VEHICLE on public 26 roads where others are present, Defendants willfully failed to avoid such consequences. 27 55. Defendants acted with willful and conscious disregard that serious injury to others 28 would result from their actions by failing to instruct their employees to discontinue work and -9- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 ensure the safe operation and proper maintenance, management, and control of the subject 2 DEFENDANT’S VEHICLE. 3 56. Despite having the prior knowledge that Defendant, ADRIAN LOPEZ was unfit to 4 safely operate a motor vehicle, Defendants willfully failed to avoid such consequences. 5 57. Defendants acted with knowledge that probable serious injury to others would 6 result from designating an individual unfit to operate and perform the safe and proper 7 maintenance, management, and control subject DEFENDANT’S VEHICLE, and serious injury to 8 another person did result. 9 58. In acting and in failing to act as aforementioned, the Defendants acted in a 10 negligent, reckless, careless, and improper manner, and with gross negligence, and conscious Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 disregard, and that Defendants were otherwise careless and negligent in the instance. 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 59. In addition, it is alleged that each and every Defendant which will be found to have 13 been an owner, leased, occupied, managed, used, maintained, and/or controlled the 14 aforementioned DEFENDANT’S VEHICLE, and that said Defendants were otherwise careless 15 and negligent in the instance. 16 60. In contrast, at said time and place, Plaintiffs were acting with due caution, attention 17 and care and did not in any way contribute to, or cause the injuries as described hereinafter. 18 61. As a direct and proximate cause result from designating an individual unfit to 19 operate and perform the safe and proper maintenance, management, and control of the subject 20 DEFENDANT’S VEHICLE as previously alleged, Plaintiffs VERONICA AIDE GARZA and 21 JOSE ARMANDO SANCHEZ BRAVO suffered serious injuries to their health, strength and 22 activity sustaining injuries to their body, and shock to their nervous system and person. 23 62. Prior to February 12, 2021, Plaintiffs VERONICA AIDE GARZA and JOSE 24 ARMANDO SANCHEZ BRAVO were healthy and active individuals capable of carrying out all 25 elements of their daily living. 26 63. As a further, direct, and legal result of the Defendants’ actions as previously 27 alleged, Plaintiffs VERONICA AIDE GARZA and JOSE ARMANDO SANCHEZ BRAVO were 28 required to and did employ physicians and/or other medical care providers to examine, treat, and -10- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 care for their injuries and did incur medical and incidental expenses as a result thereof, and will 2 continue to incur additional medical and incidental expenses in the future. The exact amount of 3 such medical and incidental expenses is unknown to VERONICA AIDE GARZA and JOSE 4 ARMANDO SANCHEZ BRAVO at this time but is within the jurisdiction of this Court. 5 64. As a further, direct, and legal result of Defendants’ actions previously alleged, 6 Plaintiffs VERONICA AIDE GARZA and JOSE ARMANDO SANCHEZ BRAVO have 7 necessarily incurred and will continue to incur incidental expenses and damages in amounts which 8 have not yet been fully ascertained and leave of Court is requested to amend this Complaint to 9 conform to proof at the time of trial. 10 PRAYER FOR RELIEF Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 WHEREFORE PLAINTIFFS PRAY for judgment against Defendants, as follows: 275 South Robertson Boulevard YAGOUBZADEH LAW FIRM LLP Beverly Hills, California 90211 12 A. General damages/non-economic damages in a sum according to proof against all 13 Defendants; 14 B. Special damages/economic losses, including but not limited to, loss of earnings, 15 medical expenses, and all incidental expenses; 16 C. Punitive damages; 17 D. Loss of earnings/earnings capacity; 18 E. Property damage, loss of use, according to proof; 19 F. Costs of suit, interest, and attorney’s fees, according to proof to the extent allowed 20 by law; and 21 G. For such other and further relief as the court may deem just and proper. 22 DEMAND FOR TRIAL BY JURY 23 Plaintiffs hereby demand a trial by jury on all issues triable by jury. 24 /// 25 /// 26 /// 27 /// 28 /// -11- PLAINTIFFS’ COMPLAINT FOR PERSONAL INJURIES; DEMAND FOR JURY TRIAL; AND REQUEST FOR COURT REPORTER AT TRIAL 1 REQUEST FOR COURT REPORTER AT TRIAL 2 Pursuant to California Rules of Court, Rule 2.956 (b)(3), Plaintiffs respectfully request the 3 presence of an official court reporter at trial. 4 5 Dated: February 9, 2023 YAGOUBZADEH LAW FIRM LLP 6 7 By: ______________________________ HALI AZIZ, ESQ. 8 Attorneys for Plaintiffs, 9 VERONICA AIDE GARZA and JOSE ARMANDO SANCHEZ BRAVO 10 Telephone: (310) 400-5915 Facsimile: (310) 935-4324 11 275 South Rober