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1 PATRICK K. O’BRIEN, ESQ. (SBN 167957)
STEVE PABROS, ESQ. (SBN 120952)
2 ZSUZSANNA VERES, ESQ. (SBN 315782)
O’BRIEN LAW, P.C.
3 755 Baywood Drive, Suite 185
Petaluma, California 94954
4 Telephone: (707) 789-6500
Facsimile: (707) 789-6520
5 Email: steve@pobrienlaw.com
suzie@pobrienlaw.com
6
Attorneys for Defendant
7 PAVLETICH ELECTRIC & COMMUNICATIONS, INC.
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF KERN
11 ZURICH AMERICAN INTERNATIONAL
COMPANY, Case No.: BCV-20-100473
12
O’Brien Law, P.C.
Plaintiff, DECLARATION OF ZSUZSANNA VERES
755 Baywood Dr., Ste. 185
13 IN SUPPORT OF DEFENDANT’S MOTION
Petaluma, CA 94954
Tel: (707) 789-6500
v. FOR SUMMARY JUDGMENT AND/OR
14 SUMMARY ADJUDICATION PURSUANT
PAVLETICH ELECTRIC & TO CCP SECTION 437(c)
15 COMMUNICATIONS, INC., et al.,
Date: May 26, 2023
16 Defendants. Time: 8:30 a.m.
Dept.: 17
17 Judge: Hon. Thomas S. Clark
Complaint Filed: February 14, 2020
18
19 I, Zsuzsanna Veres, declare as follows:
20 1. I am an attorney licensed to practice law in the courts of the State of California. I am
21 an associate at O’Brien Law, P.C., the attorneys of record for Defendant PAVLETICH ELECTRIC
22 & COMMUNICATIONS, INC. (hereinafter “Defendant”) in this action.
23 2. I have personal knowledge of all facts disclosed herein except as to those facts to
24 which I attest on information and belief, which facts I believe to be true, and, if called upon to
25 testify to these matters, I could competently testify thereto.
26 3. On February 14, 2020, Plaintiff ZURICH AMERICAN INTERNATIONAL
27 COMPANY (hereinafter “Plaintiff Zurich”) filed a Complaint for damages in Kern County
28 Superior Court. Plaintiff Zurich alleges the following cause of action against Doe Defendants: 1)
DECLARATION OF ZSUZSANNA VERES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT AND/OR SUMMARY ADJUDICATION PURSUANT TO CCP SECTION 437(c)
1 General Negligence. A true and correct copy of Plaintiff Zurich’s filed Complaint is attached
2 hereto as Exhibit A.
3 4. On June 22, 2020, Plaintiff Zurich filed a First Amended Complaint for damages.
4 Plaintiff Zurich alleges the following cause of action against Defendant: 1) General Negligence.
5 A true and correct copy of Plaintiff Zurich’s filed First Amended Complaint is attached hereto as
6 Exhibit B.
7 5. On May 18, 2021, Plaintiff-in-Intervention HUGO GOMEZ (hereinafter “Plaintiff
8 Gomez”) filed a Complaint-in-Intervention for damages in Kern County Superior Court. Plaintiff
9 Gomez alleges the following cause of action against Defendant: 1) Premises Liability, 2 ) General
10 Negligence. A true and correct copy of Plaintiff Gomez’s filed Complaint is attached hereto as
11 Exhibit C.
12 6. This case arises out of a February 21, 2018 incident involving Plaintiff Gomez who
O’Brien Law, P.C.
755 Baywood Dr., Ste. 185
13 alleges that he sustained personal injuries when he tripped over a vertical protruding from the
Petaluma, CA 94954
Tel: (707) 789-6500
14 ground.
15 7. Plaintiff Zurich wrote Workers’ Compensation insurance for Plaintiff Gomez’
16 employer.
17 8. Plaintiff Gomez’s deposition testimony was taken on September 21, 2021. A true
18 and correct copy of portions of Plaintiff Gomez’s deposition testimony are attached hereto as
19 Exhibit D.
20 9. The deposition of Angel Muro took place on October 18, 2021. A true and correct
21 copy of portions of Angel Muro’s deposition testimony are attached hereto as Exhibit E.
22 10. The deposition of Stephen Boyd took place on October 26, 2021. A true and correct
23 copy of portions of Stephen Boyd’s deposition testimony are attached hereto as Exhibit F.
24 11. The deposition of Alberto Ramirez Alvarez took place on October 11, 2021. A true
25 and correct copy of portions of Alberto Alvarez’s deposition testimony are attached hereto as
26 Exhibit G.
27
28
DECLARATION OF ZSUZSANNA VERES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT AND/OR SUMMARY ADJUDICATION PURSUANT TO CCP SECTION 437(c)
1 12. Defendant served Plaintiff Zurich with Form Interrogatories, Set Two and Requests
2 for Admission on February 11, 2022. A true and correct copy of portions of Form Interrogatories,
3 Set Two and Requests for Admission are attached hereto as Exhibit H.
4 13. Plaintiff Zurich provided responses to Form Interrogatories, Set Two and Requests
5 for Admission on March 29, 2022. A true and correct copy of portions of Form Interrogatories, Set
6 Two and Requests for Admission are attached hereto as Exhibit I.
7 14. Defendant served Plaintiff Gomez with Form Interrogatories, Set Two and Requests
8 for Admission on February 11, 2022. A true and correct copy of portions of Form Interrogatories,
9 Set Two and Requests for Admission are attached hereto as Exhibit J.
10 15. Plaintiff Gomez provided responses to Form Interrogatories, Set Two and Requests
11 for Admission on February 21, 2022. A true and correct copy of portions of Form Interrogatories,
12 Set Two and Requests for Admission are attached hereto as Exhibit K.
O’Brien Law, P.C.
755 Baywood Dr., Ste. 185
13
Petaluma, CA 94954
Tel: (707) 789-6500
14 I declare under penalty of perjury under the laws of the State of California that the
15 foregoing is true and correct. Executed on March 10, 2023, in Petaluma, California.
16
17 By: ________________________
Zsuzsanna Veres, Esq., Declarant
18
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28
DECLARATION OF ZSUZSANNA VERES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT AND/OR SUMMARY ADJUDICATION PURSUANT TO CCP SECTION 437(c)
EXHIBIT A
ELECTRONICALLY FILED
1 PATRICK M. QUIGLEY [Bar No.: 148448]
2/14/2020 12:48 PM
E-mail: pquigley@mfrlegal.com Kern County Superior Court
2 MORALES, FIERRO & REEVES By Rebecca Saldivar, Deputy
2151 Salvio Street, Suite 280
3 Concord, California 94520
Telephone: (925) 288-1776
4 Facsimile: (925) 288-1856
5 Attorneys for Plaintiff,
ZURICH AMERICAN INSURANCE COMPANY
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF KERN
10
11 ZURICH AMERICAN INSURANCE CASE NO.: BCV-20-100473
COMPANY,
12 COMPLAINT FOR DAMAGES
MORALES, FIERRO & REEVES
Plaintiff,
CONCORD, CALIFORNIA 94520
13
2151 SALVIO STREET
vs.
Suite 280
14
DOES 1 through 50, inclusive,
15
Defendants.
16
17 Plaintiff, ZURICH AMERICAN INSURANCE COMPANY, (“Plaintiff”) alleges:
18 GENERAL ALLEGATIONS
19 1. At all times relevant herein, plaintiff Zurich American Insurance Company
20 (“Zurich”) was, and now is, a corporation organized and existing under the laws of the State of
21 New York and authorized to, and doing, business within the State of California. Under the laws of
22 the State of California, Plaintiff is licensed and authorized to write Workers’ Compensation
23 insurance and insured Kern Glass & Aluminum Company (“KGAC”) against liability to its
24 employees for compensation benefits under the Workers’ Compensation Act of the State of
25 California.
26 2. The true names and capacities, whether individual, corporate, associate or
27 otherwise, of Defendants herein designated as DOES 1 through 50 inclusive, are unknown to the
28 Plaintiff at this time, who therefore sue said Defendants by such fictitious names. Plaintiff is
1
COMPLAINT FOR DAMAGES
CASE NO.:
1 informed and believes and thereon alleges that each of said Defendants are responsible in some
2 manner for the events and happenings and proximately caused the injuries and damages herein
3 alleged. Plaintiff will seek leave to amend this Complaint to allege their true names and capacities
4 as they are ascertained.
5 3. At all times mentioned, each of the Defendants were the representatives, agents or
6 employees of each of the other Defendants and in doing the things alleged herein were acting
7 within the scope of their authority as agents or employees.
8 FIRST CAUSE OF ACTION
(Negligence Against All Defendants)
9
10 4. Plaintiff incorporates by reference each and every allegation contained in
11 Paragraphs 1 through 3 as though fully set forth herein.
12 5. At all times herein mentioned, KGAC was the employer of Hugo O. Gomez
MORALES, FIERRO & REEVES
CONCORD, CALIFORNIA 94520
13 (“Gomez”).
2151 SALVIO STREET
Suite 280
14 6. On or about February 21, 2018, Gomez was working within the course and scope
15 of his employment with KGAC at or near the property located at 5151 Knudson Drive,
16 Bakersfiled, California (“Transitional Care of Bakersfield Project”). Plaintiff is informed and
17 believes Does 1 to 30 were engaged in a construction project at the Transitional Care of
18 Bakersfield Project at the time of the incidents described herein. Plaintiff is informed and believes
19 that Does 31 to 50, owned, maintained, controlled, and/or managed the property at the Transitional
20 Care of Bakersfield Project.
21 7. On or about February 21, 2018, Gomez was walking at Transitional Care of
22 Bakersfield Project when he tripped on an unmarked pipe sticking out of the ground (“Accident”).
23 8. Plaintiff is informed and believes the pipe, was owned, built, constructed,
24 maintained, designed and/or repaired by Defendants, and each of them.
25 9. At and before the time of the Accident, the Defendants, and each of them, so
26 carelessly, recklessly and negligently owned, operated, maintained, constructed, designed and
27 controlled the subject property, as to cause it to be in an unsafe condition at the time of the
28 Accident.
2
COMPLAINT FOR DAMAGES
CASE NO.:
1 10. By reason of the negligence and carelessness of Defendants, and each of them,
2 Gomez did sustain physical injuries arising from the Accident.
3 11. As a proximate result of the negligence of Defendants, and each of them, and of the
4 resulting injuries sustained by Gomez, Plaintiff has been obligated to pay workers' compensation
5 benefits to, and on behalf of, Gomez.
6 12. Marquez's Workers' Compensation claim is still ongoing. Plaintiff will be
7 required to pay further disability benefits and sums for medical care and treatment for an indefinite
8 time in the future. Pursuant to Labor Code§ 3852 Plaintiff is entitled to recover in this action all
9 sums it has paid to, and on behalfof, Gomez in Workers' Compensation benefits, as well as all
10 amounts for which it will become liable as Workers' Compensation benefits. To date, Plaintiff
11 has paid in excess of$67,000 in Workers' Compensation benefits.
"' 12 WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
i �
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&l 13 (1) For amounts to compensate Plaintiff for past Workers' Compensation benefits paid
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14 in connection with Gomez's claim in an amount according to proof;
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15 (2) For amounts to compensate Plaintiff for liability for future Workers' Compensation
"'
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16 benefits to be paid in connection with Gomez's claim in an amount according to
17 proof;
18 (3) Interest on amounts paid for Workers' Compensation benefits;
19 (4) Costs of suit herein; and
20 (5) For all other relief the Court deems just and proper.
21 DATED: February 14, 2020 MORALES, FIERRO & REEVES
22
23
By:---------___,,,...._,,___,____
24 PATRICKM.
Attorneys for Plaintif AMERICAN
25 INSURANCE COMPANY
26
27
28
3
COMPLAINT FOR DAMAGES
CASE NO.:
EXHIBIT B
ELECTRONICALLY FILED
1 PATRICK M. QUIGLEY [Bar No.: 148448]
6/22/2020 3:01 PM
E-mail: pquigley@mfrlegal.com Kern County Superior Court
2 CANON T. YOUNG [Bar No.: 189142] By Vanesa Jackson, Deputy
E-mail: cyoung@mfrlegal.com
3 MORALES, FIERRO & REEVES
2151 Salvio Street, Suite 280
4 Concord, California 94520
Telephone: (925) 288-1776
5 Facsimile: (925) 288-1856
6 Attorneys for Plaintiff,
ZURICH AMERICAN INSURANCE COMPANY
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF KERN
10
11 ZURICH AMERICAN INSURANCE CASE NO.: BCV-20-100473
COMPANY,
12 FIRST AMENDED COMPLAINT FOR
MORALES, FIERRO & REEVES
Plaintiff, DAMAGES
CONCORD, CALIFORNIA 94520
13
2151 SALVIO STREET
vs.
Suite 280
14
PAVLETICH ELECTRIC &
15 COMMUNICATIONS, INC. and DOES 1
through 50, inclusive,
16
Defendants.
17
18
19 Plaintiff, ZURICH AMERICAN INSURANCE COMPANY, (“Plaintiff”) alleges:
20 GENERAL ALLEGATIONS
21 1. At all times relevant herein, plaintiff Zurich American Insurance Company
22 (“Zurich”) was, and now is, a corporation organized and existing under the laws of the State of
23 New York and authorized to, and doing, business within the State of California. Under the laws of
24 the State of California, Plaintiff is licensed and authorized to write Workers’ Compensation
25 insurance and insured Kern Glass & Aluminum Company (“KGAC”) against liability to its
26 employees for compensation benefits under the Workers’ Compensation Act of the State of
27 California.
28
1
FIRST AMENDED COMPLAINT FOR DAMAGES
CASE NO.: BCV-20-100473
1 2. Defendant PAVLETICH ELECTRIC & COMMUNICATIONS, INC.
2 (“PAVLETICH”), based on information and belief, was and is at all times herein mentioned a
3 California corporation authorized to do business in California.
4 3. The true names and capacities, whether individual, corporate, associate or
5 otherwise, of Defendants herein designated as DOES 1 through 50 inclusive, are unknown to the
6 Plaintiff at this time, who therefore sue said Defendants by such fictitious names. Plaintiff is
7 informed and believes and thereon alleges that each of said Defendants are responsible in some
8 manner for the events and happenings and proximately caused the injuries and damages herein
9 alleged. Plaintiff will seek leave to amend this Complaint to allege their true names and capacities
10 as they are ascertained.
11 4. At all times mentioned, each of the Defendants were the representatives, agents or
12 employees of each of the other Defendants and in doing the things alleged herein were acting
MORALES, FIERRO & REEVES
CONCORD, CALIFORNIA 94520
13 within the scope of their authority as agents or employees.
2151 SALVIO STREET
Suite 280
14 FIRST CAUSE OF ACTION
(Negligence Against All Defendants)
15
16 5. Plaintiff incorporates by reference each and every allegation contained in
17 Paragraphs 1 through 4 as though fully set forth herein.
18 6. At all times herein mentioned, KGAC was the employer of Hugo O. Gomez
19 (“Gomez”).
20 7. On or about February 21, 2018, Gomez was working within the course and scope
21 of his employment with KGAC at or near the property located at 5151 Knudson Drive,
22 Bakersfiled, California (“Transitional Care of Bakersfield Project”). Plaintiff is informed and
23 believes PAVLETICH and Does 1 to 30 were engaged in a construction project at the Transitional
24 Care of Bakersfield Project at the time of the incidents described herein. Plaintiff is informed and
25 believes that Does 31 to 50, owned, maintained, controlled, and/or managed the property at the
26 Transitional Care of Bakersfield Project.
27
28
2
FIRST AMENDED COMPLAINT FOR DAMAGES
CASE NO.: BCV-20-100473
1 8. On or about February 21, 2018, Gomez was walking at Transitional Care of
2 Bakersfield Project when he tripped on an unmarked piece of plumbing, piping or conduit sticking
3 out of the ground (“Accident”).
4 9. Plaintiff is informed and believes the plumbing, piping or conduit, was owned,
5 built, constructed, installed, maintained, designed and/or repaired by Defendants, and each of
6 them.
7 10. At and before the time of the Accident, Defendants, and each of them, so
8 carelessly, recklessly and negligently owned, operated, maintained, constructed, installed designed
9 and controlled the subject property and/or the plumbing, piping or conduit, as to cause it to be in
10 an unsafe condition at the time of the Accident.
11 11. By reason of the negligence and carelessness of Defendants, and each of them,
12 Gomez did sustain physical injuries arising from the Accident.
MORALES, FIERRO & REEVES
CONCORD, CALIFORNIA 94520
13 12. As a proximate result of the negligence of Defendants, and each of them, and of the
2151 SALVIO STREET
Suite 280
14 resulting injuries sustained by Gomez, Plaintiff has been obligated to pay workers’ compensation
15 benefits to, and on behalf of, Gomez.
16 13. Gomez’s Workers’ Compensation claim is still ongoing. Plaintiff will be required
17 to pay further disability benefits and sums for medical care and treatment for an indefinite time in
18 the future. Pursuant to Labor Code § 3852 Plaintiff is entitled to recover in this action all sums it
19 has paid to, and on behalf of, Gomez in Workers’ Compensation benefits, as well as all amounts
20 for which it will become liable as Workers’ Compensation benefits. To date, Plaintiff has paid in
21 excess of $67,000 in Workers’ Compensation benefits.
22 WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
23 (1) For amounts to compensate Plaintiff for past Workers’ Compensation benefits paid
24 in connection with Gomez’s claim in an amount according to proof;
25 (2) For amounts to compensate Plaintiff for liability for future Workers’ Compensation
26 benefits to be paid in connection with Gomez’s claim in an amount according to
27 proof;
28 (3) Interest on amounts paid for Workers’ Compensation benefits;
3
FIRST AMENDED COMPLAINT FOR DAMAGES
CASE NO.: BCV-20-100473
1 (4) Costs of suit herein; and
2 (5) For all other relief the Court deems just and proper.
3 DATED: June 21, 2020 MORALES, FIERRO & REEVES
4
5
6 By:__________________________________
PATRICK M. QUIGLEY
7
CANON T. YOUNG
8 Attorneys for Plaintiff, ZURICH AMERICAN
INSURANCE COMPANY
9
10
11
12
MORALES, FIERRO & REEVES
CONCORD, CALIFORNIA 94520
13
2151 SALVIO STREET
Suite 280
14
15
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4
FIRST AMENDED COMPLAINT FOR DAMAGES
CASE NO.: BCV-20-100473
EXHIBIT C
PLD-Pl-001
AnORNSYOR PARTY WITiiOUT ATTORNEY (NaffJ(I, SrstaBartlllmbar, and a:ldleuJ: FOR COURT USE ONLV
.......... ERNEST A. VARGAS, ESQ. (S.B # 36623)
LAW OFFICES OF VARGAS & VARGAS
301 NORTH LAKE AVENUE, SUITE 120
PASADENA, CALIFORNIA 91101 ELECTRONICALLY FILED
TELEPHONE NO: (626) 440-1111 FAX NO. iOptianslJ: (626) 440-945 6 5/18/2021 4:55 PM
E-MAll.ADDREss (OptJonatJ: emest@vargasandvargas.com Kern County Superior Court
ATTORNEYFOR(NatnOJ: PLAINTIFF HUGO GOMEZ
By Vanesa Jackson, Deput I/
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1415 TRUXTUN AVENUE
MAILING ADDRESS:
CITY ANDZIPCOOE: BAKERSFIELD, CALlFORNIA 9330 l
BRN«:H NAME:
PLAINTIFF: HUGO GOMEZ
DEFENDANT: PA VLETICH ELECTRIC
& COMMUNICATIONS, INC.
tzJ 00ES1TO 50
COMPLAINT-Personal Injury, Property Damag�, Wrongful Death
D AMEND�D (N�mber): IN-INTERVENTION
Type (check all that apply):
□ MOTOR VEHICLE W OTHER (spetlfy)�ENERAL NEALIGENCE
c:::J Wrongful Death & PREM I SES
0 Property Damage
[ZJ Personal Injury· CJ Other Damages (specify): r.TARTT. T TV
Jurlsdlctlon (check all that apply): CASE NUMBER:
0 ACTION IS A LIMITED CIVIL CASE
Amount ·demanded c:J does not exceed $10,000 BCV-20-100473
c:J exceeds $10,000, but does not excQed $25,000
[l] ACTlON IS AN UNLIMITED CIVIL CASE·(exceeds $25,000)
0 ACTION IS RECLASSIFiED by this amended complaint
D from limited to unlimited
D frorn unlimited to limited
1, Plaintiff (name ornames): HUGO GOMEZ
aUeges causes of action against defendant (name or names):
PAVLETICH ELECTRIC & COMMUNICATIONS, INC.; DOES I TO SO
2.. This pleading, including attachments and exhfbits, consists of the following number of pages: 6
3. Each plalritiff named above is a competent adult
a. D except plaintiff (name):
(1) c:J a corporation qualified to do business In Callfomia
(2) CJ an unincorporated entity (descnbe):
{3) � a public entity {descnbe):
(4) (=:J a minor D an adult
(a} D
for whom a guardian or conservator of the estate or a guardian ad Utem has been appolnted
(b) D other (specify):
(5) CJ other (specify):
b. D except plaintiff (name):
(1) CJ a corporatlcn qualified to do business in Califomia
(2) CJ an unincorporated entity (describe):
(3) CJ a public entity (describe):
(4) c::J a ·minor c::J an adult
(a) D for whom· a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) D other (specify):
(5) CJ other (specify):
D Information about additional plaintiffs who are not competent adults Is shown In Attachment 3. P•go 1of3
COMPLAINJ"-Personal Injury, Property Codo of CMI Pr� § 425.1%
F�0�1!5° ·
Pt.D-P1.co1 (Rov. Jarumy 1. 20071
www.cocmill(o,c:;J.QOV
Damage, Wrongful Death
PLD-Pl-001
SHORTTITLE: AOMEZ vs. CASEN\JMBER'.
PAVLETICH ELECTRIC & COMMUNICATIONS, INC. , et al BCV-2O-1O0473
4. D Plaintiff (name):
Is doing business under the fictitious name (specify):
and has complied with the fictiUous business name laws.
5. Each defendant nan.,ecl above is a natural person
a [2J except defendant (name):PAVLE•!'ICH ELBC- c. D except defendant (name):
(1) CJ a business organization, fom, unknown {1) D a business organization, form unknown
(2) [lJ a corporation rrR IC & COMMUNI CA TI ONS J2l O a corporation
(3) CJ an unincorporated entity (describe): INC • (3) D an unincorporated entity (descnbe):
(4) c:J a public entity (doscribe): (4) D a public entity (describe):
(5) CJ other (specify): (5) D other (specify):
b. CJ except defendant (name): d. D except defendant (name):
(1) c:::J a business organization, form unknown (1) D a business organization, form unknown
(2) c::J a corporation (2) D a corporaUon
(3) CJ an unlncorporaled entity (describe): (3) D an unincorporated enUty (describe):
(4) CJ a pUbHc entity (descnbe): (4) D a public entity (describe):
(5) c::J other (specify): (5) D other (specify):
D 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. [Z] Doe defendants (specify Doe numbers): 1. TO 50 were the agents or employees of other
named defendants and acted within the scope of that agency or employment
b. [L] Doe defendants (specify Doe numbers): 1 TO 50 are persons whose capacities are unknown to
plaintiff;
c::J Defendants who are joined under Code of Civil Procedure section 382 are (names):
a. This court Is the proper court because
a. CJ at least one defendant now. resides In Its Jurisdictional ares.
b. D . the principal place of business of a defendant corporation or unincorporated association ls in its JurfsdlcUonal area.
c. W lnjwy to person or damage to personal property occurred in its Jurisdictional area
d. CJ other (specify):
9. D Plaintiff Is required to comply with a claims statute, and
a. c:J has complied with appDcabte claims statutes, or
b. Cl Is excused from complying because (speclly):
P�PMl01 [�ev. � 1, 2007j COMPLAINT-Personal Injury, Property
Damage, Wrongful Death
PLD.Pl-001
SH0RTTITLE�OMEZ vs. CASENUMBER:
PAVLETICH ELECTRIC & COMMUNICATIONS, INC., et al BCV-20-100473
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. CJ Motor Vehicle
b. [LI General Negligence
c. CJ Intentional Tort
d. CJ Products Liability
e. [Z] Premises Uabllity
f. CJ Other (specify):
11; Plaintiff has suffered
a. W wage loss
b. D loss of use of property
o. [1J hospital and medical expenses
d. Cl] general damage
e. CJ property damage
f. . Cl]· loss of eaming �pacity
g .. CJ o�er damage (�pacify);
12. c::f The damages claimed for wrongful death and the relationships·of plaintiff to the deceased are
a. i::::J listed fn Attachment 12.
b. Cl 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) [LI compensatory dam�ges
(2) c:J punitive damages
The amount of damages Is (In cases forpersonal Injury or wrongful deatlJ. you must check (1)):
(1). [1J according-to proof
(2) Cl fn the amount of: $
15. D The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: MAY 6, 2021
ERNEST A. VAROAS, ESQ.
(lYPE OR PA� NAMEt
►
PLD-PUl01 (Rev. Jar.sary 1, 20071 COMPLAINT-Personal Injury, Property Pag�Sof3
Damage, Wrongful Death
PLD-Pl�01(2)
SHOR
Preview
1 PATRICK K. O’BRIEN, ESQ. (SBN 167957) STEVE PABROS, ESQ. (SBN 120952) 2 ZSUZSANNA VERES, ESQ. (SBN 315782) O’BRIEN LAW, P.C. 3 755 Baywood Drive, Suite 185 Petaluma, California 94954 4 Telephone: (707) 789-6500 Facsimile: (707) 789-6520 5 Email: steve@pobrienlaw.com suzie@pobrienlaw.com 6 Attorneys for Defendant 7 PAVLETICH ELECTRIC & COMMUNICATIONS, INC. 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF KERN 11 ZURICH AMERICAN INTERNATIONAL COMPANY, Case No.: BCV-20-100473 12 O’Brien Law, P.C. Plaintiff, DECLARATION OF ZSUZSANNA VERES 755 Baywood Dr., Ste. 185 13 IN SUPPORT OF DEFENDANT’S MOTION Petaluma, CA 94954 Tel: (707) 789-6500 v. FOR SUMMARY JUDGMENT AND/OR 14 SUMMARY ADJUDICATION PURSUANT PAVLETICH ELECTRIC & TO CCP SECTION 437(c) 15 COMMUNICATIONS, INC., et al., Date: May 26, 2023 16 Defendants. Time: 8:30 a.m. Dept.: 17 17 Judge: Hon. Thomas S. Clark Complaint Filed: February 14, 2020 18 19 I, Zsuzsanna Veres, declare as follows: 20 1. I am an attorney licensed to practice law in the courts of the State of California. I am 21 an associate at O’Brien Law, P.C., the attorneys of record for Defendant PAVLETICH ELECTRIC 22 & COMMUNICATIONS, INC. (hereinafter “Defendant”) in this action. 23 2. I have personal knowledge of all facts disclosed herein except as to those facts to 24 which I attest on information and belief, which facts I believe to be true, and, if called upon to 25 testify to these matters, I could competently testify thereto. 26 3. On February 14, 2020, Plaintiff ZURICH AMERICAN INTERNATIONAL 27 COMPANY (hereinafter “Plaintiff Zurich”) filed a Complaint for damages in Kern County 28 Superior Court. Plaintiff Zurich alleges the following cause of action against Doe Defendants: 1) DECLARATION OF ZSUZSANNA VERES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION PURSUANT TO CCP SECTION 437(c) 1 General Negligence. A true and correct copy of Plaintiff Zurich’s filed Complaint is attached 2 hereto as Exhibit A. 3 4. On June 22, 2020, Plaintiff Zurich filed a First Amended Complaint for damages. 4 Plaintiff Zurich alleges the following cause of action against Defendant: 1) General Negligence. 5 A true and correct copy of Plaintiff Zurich’s filed First Amended Complaint is attached hereto as 6 Exhibit B. 7 5. On May 18, 2021, Plaintiff-in-Intervention HUGO GOMEZ (hereinafter “Plaintiff 8 Gomez”) filed a Complaint-in-Intervention for damages in Kern County Superior Court. Plaintiff 9 Gomez alleges the following cause of action against Defendant: 1) Premises Liability, 2 ) General 10 Negligence. A true and correct copy of Plaintiff Gomez’s filed Complaint is attached hereto as 11 Exhibit C. 12 6. This case arises out of a February 21, 2018 incident involving Plaintiff Gomez who O’Brien Law, P.C. 755 Baywood Dr., Ste. 185 13 alleges that he sustained personal injuries when he tripped over a vertical protruding from the Petaluma, CA 94954 Tel: (707) 789-6500 14 ground. 15 7. Plaintiff Zurich wrote Workers’ Compensation insurance for Plaintiff Gomez’ 16 employer. 17 8. Plaintiff Gomez’s deposition testimony was taken on September 21, 2021. A true 18 and correct copy of portions of Plaintiff Gomez’s deposition testimony are attached hereto as 19 Exhibit D. 20 9. The deposition of Angel Muro took place on October 18, 2021. A true and correct 21 copy of portions of Angel Muro’s deposition testimony are attached hereto as Exhibit E. 22 10. The deposition of Stephen Boyd took place on October 26, 2021. A true and correct 23 copy of portions of Stephen Boyd’s deposition testimony are attached hereto as Exhibit F. 24 11. The deposition of Alberto Ramirez Alvarez took place on October 11, 2021. A true 25 and correct copy of portions of Alberto Alvarez’s deposition testimony are attached hereto as 26 Exhibit G. 27 28 DECLARATION OF ZSUZSANNA VERES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION PURSUANT TO CCP SECTION 437(c) 1 12. Defendant served Plaintiff Zurich with Form Interrogatories, Set Two and Requests 2 for Admission on February 11, 2022. A true and correct copy of portions of Form Interrogatories, 3 Set Two and Requests for Admission are attached hereto as Exhibit H. 4 13. Plaintiff Zurich provided responses to Form Interrogatories, Set Two and Requests 5 for Admission on March 29, 2022. A true and correct copy of portions of Form Interrogatories, Set 6 Two and Requests for Admission are attached hereto as Exhibit I. 7 14. Defendant served Plaintiff Gomez with Form Interrogatories, Set Two and Requests 8 for Admission on February 11, 2022. A true and correct copy of portions of Form Interrogatories, 9 Set Two and Requests for Admission are attached hereto as Exhibit J. 10 15. Plaintiff Gomez provided responses to Form Interrogatories, Set Two and Requests 11 for Admission on February 21, 2022. A true and correct copy of portions of Form Interrogatories, 12 Set Two and Requests for Admission are attached hereto as Exhibit K. O’Brien Law, P.C. 755 Baywood Dr., Ste. 185 13 Petaluma, CA 94954 Tel: (707) 789-6500 14 I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct. Executed on March 10, 2023, in Petaluma, California. 16 17 By: ________________________ Zsuzsanna Veres, Esq., Declarant 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ZSUZSANNA VERES IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION PURSUANT TO CCP SECTION 437(c) EXHIBIT A ELECTRONICALLY FILED 1 PATRICK M. QUIGLEY [Bar No.: 148448] 2/14/2020 12:48 PM E-mail: pquigley@mfrlegal.com Kern County Superior Court 2 MORALES, FIERRO & REEVES By Rebecca Saldivar, Deputy 2151 Salvio Street, Suite 280 3 Concord, California 94520 Telephone: (925) 288-1776 4 Facsimile: (925) 288-1856 5 Attorneys for Plaintiff, ZURICH AMERICAN INSURANCE COMPANY 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 11 ZURICH AMERICAN INSURANCE CASE NO.: BCV-20-100473 COMPANY, 12 COMPLAINT FOR DAMAGES MORALES, FIERRO & REEVES Plaintiff, CONCORD, CALIFORNIA 94520 13 2151 SALVIO STREET vs. Suite 280 14 DOES 1 through 50, inclusive, 15 Defendants. 16 17 Plaintiff, ZURICH AMERICAN INSURANCE COMPANY, (“Plaintiff”) alleges: 18 GENERAL ALLEGATIONS 19 1. At all times relevant herein, plaintiff Zurich American Insurance Company 20 (“Zurich”) was, and now is, a corporation organized and existing under the laws of the State of 21 New York and authorized to, and doing, business within the State of California. Under the laws of 22 the State of California, Plaintiff is licensed and authorized to write Workers’ Compensation 23 insurance and insured Kern Glass & Aluminum Company (“KGAC”) against liability to its 24 employees for compensation benefits under the Workers’ Compensation Act of the State of 25 California. 26 2. The true names and capacities, whether individual, corporate, associate or 27 otherwise, of Defendants herein designated as DOES 1 through 50 inclusive, are unknown to the 28 Plaintiff at this time, who therefore sue said Defendants by such fictitious names. Plaintiff is 1 COMPLAINT FOR DAMAGES CASE NO.: 1 informed and believes and thereon alleges that each of said Defendants are responsible in some 2 manner for the events and happenings and proximately caused the injuries and damages herein 3 alleged. Plaintiff will seek leave to amend this Complaint to allege their true names and capacities 4 as they are ascertained. 5 3. At all times mentioned, each of the Defendants were the representatives, agents or 6 employees of each of the other Defendants and in doing the things alleged herein were acting 7 within the scope of their authority as agents or employees. 8 FIRST CAUSE OF ACTION (Negligence Against All Defendants) 9 10 4. Plaintiff incorporates by reference each and every allegation contained in 11 Paragraphs 1 through 3 as though fully set forth herein. 12 5. At all times herein mentioned, KGAC was the employer of Hugo O. Gomez MORALES, FIERRO & REEVES CONCORD, CALIFORNIA 94520 13 (“Gomez”). 2151 SALVIO STREET Suite 280 14 6. On or about February 21, 2018, Gomez was working within the course and scope 15 of his employment with KGAC at or near the property located at 5151 Knudson Drive, 16 Bakersfiled, California (“Transitional Care of Bakersfield Project”). Plaintiff is informed and 17 believes Does 1 to 30 were engaged in a construction project at the Transitional Care of 18 Bakersfield Project at the time of the incidents described herein. Plaintiff is informed and believes 19 that Does 31 to 50, owned, maintained, controlled, and/or managed the property at the Transitional 20 Care of Bakersfield Project. 21 7. On or about February 21, 2018, Gomez was walking at Transitional Care of 22 Bakersfield Project when he tripped on an unmarked pipe sticking out of the ground (“Accident”). 23 8. Plaintiff is informed and believes the pipe, was owned, built, constructed, 24 maintained, designed and/or repaired by Defendants, and each of them. 25 9. At and before the time of the Accident, the Defendants, and each of them, so 26 carelessly, recklessly and negligently owned, operated, maintained, constructed, designed and 27 controlled the subject property, as to cause it to be in an unsafe condition at the time of the 28 Accident. 2 COMPLAINT FOR DAMAGES CASE NO.: 1 10. By reason of the negligence and carelessness of Defendants, and each of them, 2 Gomez did sustain physical injuries arising from the Accident. 3 11. As a proximate result of the negligence of Defendants, and each of them, and of the 4 resulting injuries sustained by Gomez, Plaintiff has been obligated to pay workers' compensation 5 benefits to, and on behalf of, Gomez. 6 12. Marquez's Workers' Compensation claim is still ongoing. Plaintiff will be 7 required to pay further disability benefits and sums for medical care and treatment for an indefinite 8 time in the future. Pursuant to Labor Code§ 3852 Plaintiff is entitled to recover in this action all 9 sums it has paid to, and on behalfof, Gomez in Workers' Compensation benefits, as well as all 10 amounts for which it will become liable as Workers' Compensation benefits. To date, Plaintiff 11 has paid in excess of$67,000 in Workers' Compensation benefits. "' 12 WHEREFORE, Plaintiff prays for judgment against Defendants as follows: i � � 0 &l 13 (1) For amounts to compensate Plaintiff for past Workers' Compensation benefits paid � u, � 0 g � 14 in connection with Gomez's claim in an amount according to proof; �> � µ, � u. 15 (2) For amounts to compensate Plaintiff for liability for future Workers' Compensation "' r.n � � N � u 16 benefits to be paid in connection with Gomez's claim in an amount according to 17 proof; 18 (3) Interest on amounts paid for Workers' Compensation benefits; 19 (4) Costs of suit herein; and 20 (5) For all other relief the Court deems just and proper. 21 DATED: February 14, 2020 MORALES, FIERRO & REEVES 22 23 By:---------___,,,...._,,___,____ 24 PATRICKM. Attorneys for Plaintif AMERICAN 25 INSURANCE COMPANY 26 27 28 3 COMPLAINT FOR DAMAGES CASE NO.: EXHIBIT B ELECTRONICALLY FILED 1 PATRICK M. QUIGLEY [Bar No.: 148448] 6/22/2020 3:01 PM E-mail: pquigley@mfrlegal.com Kern County Superior Court 2 CANON T. YOUNG [Bar No.: 189142] By Vanesa Jackson, Deputy E-mail: cyoung@mfrlegal.com 3 MORALES, FIERRO & REEVES 2151 Salvio Street, Suite 280 4 Concord, California 94520 Telephone: (925) 288-1776 5 Facsimile: (925) 288-1856 6 Attorneys for Plaintiff, ZURICH AMERICAN INSURANCE COMPANY 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 11 ZURICH AMERICAN INSURANCE CASE NO.: BCV-20-100473 COMPANY, 12 FIRST AMENDED COMPLAINT FOR MORALES, FIERRO & REEVES Plaintiff, DAMAGES CONCORD, CALIFORNIA 94520 13 2151 SALVIO STREET vs. Suite 280 14 PAVLETICH ELECTRIC & 15 COMMUNICATIONS, INC. and DOES 1 through 50, inclusive, 16 Defendants. 17 18 19 Plaintiff, ZURICH AMERICAN INSURANCE COMPANY, (“Plaintiff”) alleges: 20 GENERAL ALLEGATIONS 21 1. At all times relevant herein, plaintiff Zurich American Insurance Company 22 (“Zurich”) was, and now is, a corporation organized and existing under the laws of the State of 23 New York and authorized to, and doing, business within the State of California. Under the laws of 24 the State of California, Plaintiff is licensed and authorized to write Workers’ Compensation 25 insurance and insured Kern Glass & Aluminum Company (“KGAC”) against liability to its 26 employees for compensation benefits under the Workers’ Compensation Act of the State of 27 California. 28 1 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: BCV-20-100473 1 2. Defendant PAVLETICH ELECTRIC & COMMUNICATIONS, INC. 2 (“PAVLETICH”), based on information and belief, was and is at all times herein mentioned a 3 California corporation authorized to do business in California. 4 3. The true names and capacities, whether individual, corporate, associate or 5 otherwise, of Defendants herein designated as DOES 1 through 50 inclusive, are unknown to the 6 Plaintiff at this time, who therefore sue said Defendants by such fictitious names. Plaintiff is 7 informed and believes and thereon alleges that each of said Defendants are responsible in some 8 manner for the events and happenings and proximately caused the injuries and damages herein 9 alleged. Plaintiff will seek leave to amend this Complaint to allege their true names and capacities 10 as they are ascertained. 11 4. At all times mentioned, each of the Defendants were the representatives, agents or 12 employees of each of the other Defendants and in doing the things alleged herein were acting MORALES, FIERRO & REEVES CONCORD, CALIFORNIA 94520 13 within the scope of their authority as agents or employees. 2151 SALVIO STREET Suite 280 14 FIRST CAUSE OF ACTION (Negligence Against All Defendants) 15 16 5. Plaintiff incorporates by reference each and every allegation contained in 17 Paragraphs 1 through 4 as though fully set forth herein. 18 6. At all times herein mentioned, KGAC was the employer of Hugo O. Gomez 19 (“Gomez”). 20 7. On or about February 21, 2018, Gomez was working within the course and scope 21 of his employment with KGAC at or near the property located at 5151 Knudson Drive, 22 Bakersfiled, California (“Transitional Care of Bakersfield Project”). Plaintiff is informed and 23 believes PAVLETICH and Does 1 to 30 were engaged in a construction project at the Transitional 24 Care of Bakersfield Project at the time of the incidents described herein. Plaintiff is informed and 25 believes that Does 31 to 50, owned, maintained, controlled, and/or managed the property at the 26 Transitional Care of Bakersfield Project. 27 28 2 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: BCV-20-100473 1 8. On or about February 21, 2018, Gomez was walking at Transitional Care of 2 Bakersfield Project when he tripped on an unmarked piece of plumbing, piping or conduit sticking 3 out of the ground (“Accident”). 4 9. Plaintiff is informed and believes the plumbing, piping or conduit, was owned, 5 built, constructed, installed, maintained, designed and/or repaired by Defendants, and each of 6 them. 7 10. At and before the time of the Accident, Defendants, and each of them, so 8 carelessly, recklessly and negligently owned, operated, maintained, constructed, installed designed 9 and controlled the subject property and/or the plumbing, piping or conduit, as to cause it to be in 10 an unsafe condition at the time of the Accident. 11 11. By reason of the negligence and carelessness of Defendants, and each of them, 12 Gomez did sustain physical injuries arising from the Accident. MORALES, FIERRO & REEVES CONCORD, CALIFORNIA 94520 13 12. As a proximate result of the negligence of Defendants, and each of them, and of the 2151 SALVIO STREET Suite 280 14 resulting injuries sustained by Gomez, Plaintiff has been obligated to pay workers’ compensation 15 benefits to, and on behalf of, Gomez. 16 13. Gomez’s Workers’ Compensation claim is still ongoing. Plaintiff will be required 17 to pay further disability benefits and sums for medical care and treatment for an indefinite time in 18 the future. Pursuant to Labor Code § 3852 Plaintiff is entitled to recover in this action all sums it 19 has paid to, and on behalf of, Gomez in Workers’ Compensation benefits, as well as all amounts 20 for which it will become liable as Workers’ Compensation benefits. To date, Plaintiff has paid in 21 excess of $67,000 in Workers’ Compensation benefits. 22 WHEREFORE, Plaintiff prays for judgment against Defendants as follows: 23 (1) For amounts to compensate Plaintiff for past Workers’ Compensation benefits paid 24 in connection with Gomez’s claim in an amount according to proof; 25 (2) For amounts to compensate Plaintiff for liability for future Workers’ Compensation 26 benefits to be paid in connection with Gomez’s claim in an amount according to 27 proof; 28 (3) Interest on amounts paid for Workers’ Compensation benefits; 3 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: BCV-20-100473 1 (4) Costs of suit herein; and 2 (5) For all other relief the Court deems just and proper. 3 DATED: June 21, 2020 MORALES, FIERRO & REEVES 4 5 6 By:__________________________________ PATRICK M. QUIGLEY 7 CANON T. YOUNG 8 Attorneys for Plaintiff, ZURICH AMERICAN INSURANCE COMPANY 9 10 11 12 MORALES, FIERRO & REEVES CONCORD, CALIFORNIA 94520 13 2151 SALVIO STREET Suite 280 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 FIRST AMENDED COMPLAINT FOR DAMAGES CASE NO.: BCV-20-100473 EXHIBIT C PLD-Pl-001 AnORNSYOR PARTY WITiiOUT ATTORNEY (NaffJ(I, SrstaBartlllmbar, and a:ldleuJ: FOR COURT USE ONLV .......... ERNEST A. VARGAS, ESQ. (S.B # 36623) LAW OFFICES OF VARGAS & VARGAS 301 NORTH LAKE AVENUE, SUITE 120 PASADENA, CALIFORNIA 91101 ELECTRONICALLY FILED TELEPHONE NO: (626) 440-1111 FAX NO. iOptianslJ: (626) 440-945 6 5/18/2021 4:55 PM E-MAll.ADDREss (OptJonatJ: emest@vargasandvargas.com Kern County Superior Court ATTORNEYFOR(NatnOJ: PLAINTIFF HUGO GOMEZ By Vanesa Jackson, Deput I/ SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1415 TRUXTUN AVENUE MAILING ADDRESS: CITY ANDZIPCOOE: BAKERSFIELD, CALlFORNIA 9330 l BRN«:H NAME: PLAINTIFF: HUGO GOMEZ DEFENDANT: PA VLETICH ELECTRIC & COMMUNICATIONS, INC. tzJ 00ES1TO 50 COMPLAINT-Personal Injury, Property Damag�, Wrongful Death D AMEND�D (N�mber): IN-INTERVENTION Type (check all that apply): □ MOTOR VEHICLE W OTHER (spetlfy)�ENERAL NEALIGENCE c:::J Wrongful Death & PREM I SES 0 Property Damage [ZJ Personal Injury· CJ Other Damages (specify): r.TARTT. T TV Jurlsdlctlon (check all that apply): CASE NUMBER: 0 ACTION IS A LIMITED CIVIL CASE Amount ·demanded c:J does not exceed $10,000 BCV-20-100473 c:J exceeds $10,000, but does not excQed $25,000 [l] ACTlON IS AN UNLIMITED CIVIL CASE·(exceeds $25,000) 0 ACTION IS RECLASSIFiED by this amended complaint D from limited to unlimited D frorn unlimited to limited 1, Plaintiff (name ornames): HUGO GOMEZ aUeges causes of action against defendant (name or names): PAVLETICH ELECTRIC & COMMUNICATIONS, INC.; DOES I TO SO 2.. This pleading, including attachments and exhfbits, consists of the following number of pages: 6 3. Each plalritiff named above is a competent adult a. D except plaintiff (name): (1) c:J a corporation qualified to do business In Callfomia (2) CJ an unincorporated entity (descnbe): {3) � a public entity {descnbe): (4) (=:J a minor D an adult (a} D for whom a guardian or conservator of the estate or a guardian ad Utem has been appolnted (b) D other (specify): (5) CJ other (specify): b. D except plaintiff (name): (1) CJ a corporatlcn qualified to do business in Califomia (2) CJ an unincorporated entity (describe): (3) CJ a public entity (describe): (4) c::J a ·minor c::J an adult (a) D for whom· a guardian or conservator of the estate or a guardian ad litem has been appointed (b) D other (specify): (5) CJ other (specify): D Information about additional plaintiffs who are not competent adults Is shown In Attachment 3. P•go 1of3 COMPLAINJ"-Personal Injury, Property Codo of CMI Pr� § 425.1% F�0�1!5° · Pt.D-P1.co1 (Rov. Jarumy 1. 20071 www.cocmill(o,c:;J.QOV Damage, Wrongful Death PLD-Pl-001 SHORTTITLE: AOMEZ vs. CASEN\JMBER'. PAVLETICH ELECTRIC & COMMUNICATIONS, INC. , et al BCV-2O-1O0473 4. D Plaintiff (name): Is doing business under the fictitious name (specify): and has complied with the fictiUous business name laws. 5. Each defendant nan.,ecl above is a natural person a [2J except defendant (name):PAVLE•!'ICH ELBC- c. D except defendant (name): (1) CJ a business organization, fom, unknown {1) D a business organization, form unknown (2) [lJ a corporation rrR IC & COMMUNI CA TI ONS J2l O a corporation (3) CJ an unincorporated entity (describe): INC • (3) D an unincorporated entity (descnbe): (4) c:J a public entity (doscribe): (4) D a public entity (describe): (5) CJ other (specify): (5) D other (specify): b. CJ except defendant (name): d. D except defendant (name): (1) c:::J a business organization, form unknown (1) D a business organization, form unknown (2) c::J a corporation (2) D a corporaUon (3) CJ an unlncorporaled entity (describe): (3) D an unincorporated enUty (describe): (4) CJ a pUbHc entity (descnbe): (4) D a public entity (describe): (5) c::J other (specify): (5) D other (specify): D 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. [Z] Doe defendants (specify Doe numbers): 1. TO 50 were the agents or employees of other named defendants and acted within the scope of that agency or employment b. [L] Doe defendants (specify Doe numbers): 1 TO 50 are persons whose capacities are unknown to plaintiff; c::J Defendants who are joined under Code of Civil Procedure section 382 are (names): a. This court Is the proper court because a. CJ at least one defendant now. resides In Its Jurisdictional ares. b. D . the principal place of business of a defendant corporation or unincorporated association ls in its JurfsdlcUonal area. c. W lnjwy to person or damage to personal property occurred in its Jurisdictional area d. CJ other (specify): 9. D Plaintiff Is required to comply with a claims statute, and a. c:J has complied with appDcabte claims statutes, or b. Cl Is excused from complying because (speclly): P�PMl01 [�ev. � 1, 2007j COMPLAINT-Personal Injury, Property Damage, Wrongful Death PLD.Pl-001 SH0RTTITLE�OMEZ vs. CASENUMBER: PAVLETICH ELECTRIC & COMMUNICATIONS, INC., et al BCV-20-100473 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. CJ Motor Vehicle b. [LI General Negligence c. CJ Intentional Tort d. CJ Products Liability e. [Z] Premises Uabllity f. CJ Other (specify): 11; Plaintiff has suffered a. W wage loss b. D loss of use of property o. [1J hospital and medical expenses d. Cl] general damage e. CJ property damage f. . Cl]· loss of eaming �pacity g .. CJ o�er damage (�pacify); 12. c::f The damages claimed for wrongful death and the relationships·of plaintiff to the deceased are a. i::::J listed fn Attachment 12. b. Cl 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) [LI compensatory dam�ges (2) c:J punitive damages The amount of damages Is (In cases forpersonal Injury or wrongful deatlJ. you must check (1)): (1). [1J according-to proof (2) Cl fn the amount of: $ 15. D The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: MAY 6, 2021 ERNEST A. VAROAS, ESQ. (lYPE OR PA� NAMEt ► PLD-PUl01 (Rev. Jar.sary 1, 20071 COMPLAINT-Personal Injury, Property Pag�Sof3 Damage, Wrongful Death PLD-Pl�01(2) SHOR