Preview
PLD-P1-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Namie State Bar mumner and’ FOR COURT USE ONLY
[—~ CLIFFORD N. BARRY, ESQ. (107778)
LAW OFFICES OF BARRY AND KRUEGER
8383 WILSHIRE BOULEVARD, STE. 945
BEVERLY HILLS, CALIFORNIA 90211
TELEPHONE NO: (310) 596-8000 FAK NO. (Qpbona}:
E-MAIL ADDRESS (Optional
ATTORNEY FOR ame, PLAINTIFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
STREET ADDRESS. 191 North First Street
MAILING ADDRESS
cityanpzpcone San Jose, CA 95113
BRANCH NAME, Downtown Superior Court
PLAINTIFF: Sasha Warrick
DEFENDANT: : Kyoji Ishikawa: Mai Ishikawa: and.
[4] voes1 to 100.
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
(J AMENDED (Number):
Type (check all that apply):
MOTOR VEHICLE [J OTHER (specify):
Property Damage Wrongful Death
Personal Injury Other Damages (specify):
Jurisdiction (check all that apply): CASE NUMBER
(J ACTION IS A LIMITED CIVIL CASE
Amount demanded[__] does not exceed $10,000
[7] exceeds $10,000, but does not exceed $25,000
[2] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
(3) ACTION IS RECLASSIFIED by this amended complaint
(1 from limited to unlimited
{_] from unlimited to limited
1. Plaintiff (name
or names). Sasha Warrick
alleges causes of action against defendant (name or names).
Kyoji Ishikawa: Mai Ishikawa; and, DOES | TO 100
2. This pleading, including attachments and exhibits, consists of the following number of pages: 4
3. Each plaintiff named above is a competent adult
a. [] except plaintiff (name):
(1) [2] a corporation qualified to do business in California
(2) [_] an unincorporated entity (descnbe)
(3) [J a public entity (describe)
(4) [7] a minor [J an adult
(a) (_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(>) (J other (specify):
(5) (J other (specify)
b. [C7] except plaintiff (name).
(1) [2] a corporation qualified to do business in California
(2) [__) an unincorporated entity (describe).
(3) () a public entity (describe):
(4) [J aminor [7] an adult
(a) [2] for whom a guardian or conservator of the estate or a guardian ad literr has been appointed
(6) [7] other (specify).
(5) [J other (specify)
co Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page tof 3
Form Approved ‘or Optonal Use COMPLAINT—Personal Injury, Property Code
of Gui Procedure § 425 12
Jusical Counal of Cafomua wie ca guy
January 1, 2007} Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER
Warrick v Ishikawa
4. ([] Plaintiff (name):
is doing business under the fictitious name (specify).
and has complied with the fictitious business name laws.
§. Each defendant named above is a natural person
a. [__] except defendant (name) c [__] except defendant (name):
(1) [2] a business organization, form unknown (1) [2] a business organization, form unknown
(2) [_] a comoration (2) (J a corporation
(3) [1] an unincorporated entity (describe) (3) [2] an unincorporated entity (describe).
(4) [J 2 public entity (descnbe) (4) [5] a public entity (describe).
(5) [_] other (specify). (5) [7] other (specify)
b. [] except defendant (name): d. [[_] except defendant (name):
(1) [2] a business organization, form unknown (1) [) a business organization, form unknown
(2) [-_] a corporation (2) [J a corporation
(3) [J an unincorporated entity (describe). (3) [_] an unincorporated entity (describe).
(4) [_] a public entity (describe) (4) [7] a public entity (describe).
(5) [J other (specify) (5) [J other (specify)
[1] Information about additional defendants who are not natural persons is contained in Attachment 5.
The true names of defendants sued as Does are unknown to plaintiff.
Doe defendants (specify Doe numbers) 1-100 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. [7] Doe defendants (specify Doe numbers): 1-100. are persons whose capacities are unknawn to
plaintiff
[J Defendants who are joined under Code of Civil Procedure section 382 are (names)
This court is the proper court because
a. [] atleast one defendant now resides in its jurisdictional area
: ce the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
{11 injury to person or damage to personal property occurred in its jurisdictional area
a (J other (specify).
[) Plaintit is required to comply with a ciaims statute and
a. [1] has complied with appiicable claims statutes, or
b. [1 is excused from complying because (specify)
PLD-PI-001 (Fev January 1, 2007] COMPLAINT—Personal Injury, Property Page
2 0f3
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Warrick v Ishikawa
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):
Motor Vehicle
(] General Negligence
(J intentional Tort
(J Products Liability
[1] Premises Liability
[1] Other (specify)
1 Plaintiff has suffered
wage loss
loss of use of property
hospital and medical expenses
general damage
e. property damage
loss of earning capacity
other damage (specify):
PAIN, SUFFERING, EMOTIONAL DISTRESS, INCONVINIENCE, PHYSICAL
IMPAIRMENT AND OTHER NON-PECUNIARY DAMAGES.
412. [1] The damages claimed for wrongful death and the relationships of plaintiff to the deceased ara
a [] listed in Attachment 12.
b. [_] as follows:
13 The relief sought in this complaint is within the jurisdiction of this court.
14, Plaintiff prays for judgment for costs of suit for such relief as is fair. just, and equitable: and for
a. (1) [2] compensatory damages
(2) ([] punitive damages
The amount of damages 's (in cases for personal injury or wrongful death. you must check (1)),
(1) according to proof
(2) (2) in the amount of $
15. . [£7] The paragraphs of this complaint alleged on information and belief are as follows (specity Paragraph numbers)"
Date: 08/20/2020
CLIFFORD N. BARRY, ESQ. > La
(TYPE OR PRINT NAME SIGNATURE OF PLAINTIFF OR ATTORNEY)
0-P1-061 [Rev January 1 2007} COMPLAINT—Personal Injury, Property Page
2 of 3
Damage, Wrongful Death
PLD-PI-004(1)
‘SHORT TITLE: CASE NUMBER
Warrick v Ishikawa
FIRST CAUSE OF ACTION—Motor Vehicle
(number)
ATTACHMENTTO [7] Complaint [_] cCross-Compiaint
(Use a separate cause of action form for each cause of action )
Plaintiff (name): Sasha Warrick
MV- 4. Plaintiff alleges the acts of defendants were negligent: the acts were the legal (proximate) cause of injuries
and damages to plaintiff; the acts occurred
on (date); 09/08/2018
at (place):
or near 1249 Great Mall Dr, City of Milpitas. Plaintiff was safely and reasonably walking across the
Great Mall Parking Lot. Defendants negligently, recklessly and without due concern for the rights
and safety of others including Plaintiff, struck the Plaintiff with their motor vehicle, directly and
proximately causing all of the herein described injuries and damages to Plaintiff.
MV- 2. DEFENDANTS
a. The defendants who operated a motor vehicle are (names):
Kyoji Ishikawa; Mai Ishikawa;.and,
CZ] pees 1 to 100.
The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names):
Kyoji Ishikawa; Mai Ishikawa; and,
[1 does 1 to 100.
The defendants who owned the motor vehicle which was operated with their permission are (names):
Kyoji Ishikawa; Mai Ishikawa; and,
TZ) Does L “to 100.
(4) The defendants who entrusted the motor vehicle are (names):
Kyoji Ishikawa: Mai Ishikawa: and,
[4 does 1 ta 100.
The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names)
Kyoji Ishikawa; Mai Ishikawa; and,
(2) Does 1 to 100.
‘The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
(1 listed in Attachment MV-2f as follows:
Defendants and cach of them failed to properly inspect, maintain and repair the subject
vehicles
[4] Does 1 to 100. Page 4
Page 1 of 4
Form Approved far Opuonal Use CAUSE OF ACTION—Motor Vehicle ‘Code
of Civil Procedure 425 12
Judicial Counc of Caltonva www countinfo ca gov
PLO-PLO1(H)
(Rev January 4 2007]
Preview
PLD-P1-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Namie State Bar mumner and’ FOR COURT USE ONLY [—~ CLIFFORD N. BARRY, ESQ. (107778) LAW OFFICES OF BARRY AND KRUEGER 8383 WILSHIRE BOULEVARD, STE. 945 BEVERLY HILLS, CALIFORNIA 90211 TELEPHONE NO: (310) 596-8000 FAK NO. (Qpbona}: E-MAIL ADDRESS (Optional ATTORNEY FOR ame, PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS. 191 North First Street MAILING ADDRESS cityanpzpcone San Jose, CA 95113 BRANCH NAME, Downtown Superior Court PLAINTIFF: Sasha Warrick DEFENDANT: : Kyoji Ishikawa: Mai Ishikawa: and. [4] voes1 to 100. COMPLAINT—Personal Injury, Property Damage, Wrongful Death (J AMENDED (Number): Type (check all that apply): MOTOR VEHICLE [J OTHER (specify): Property Damage Wrongful Death Personal Injury Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER (J ACTION IS A LIMITED CIVIL CASE Amount demanded[__] does not exceed $10,000 [7] exceeds $10,000, but does not exceed $25,000 [2] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) (3) ACTION IS RECLASSIFIED by this amended complaint (1 from limited to unlimited {_] from unlimited to limited 1. Plaintiff (name or names). Sasha Warrick alleges causes of action against defendant (name or names). Kyoji Ishikawa: Mai Ishikawa; and, DOES | TO 100 2. This pleading, including attachments and exhibits, consists of the following number of pages: 4 3. Each plaintiff named above is a competent adult a. [] except plaintiff (name): (1) [2] a corporation qualified to do business in California (2) [_] an unincorporated entity (descnbe) (3) [J a public entity (describe) (4) [7] a minor [J an adult (a) (_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (>) (J other (specify): (5) (J other (specify) b. [C7] except plaintiff (name). (1) [2] a corporation qualified to do business in California (2) [__) an unincorporated entity (describe). (3) () a public entity (describe): (4) [J aminor [7] an adult (a) [2] for whom a guardian or conservator of the estate or a guardian ad literr has been appointed (6) [7] other (specify). (5) [J other (specify) co Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page tof 3 Form Approved ‘or Optonal Use COMPLAINT—Personal Injury, Property Code of Gui Procedure § 425 12 Jusical Counal of Cafomua wie ca guy January 1, 2007} Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER Warrick v Ishikawa 4. ([] Plaintiff (name): is doing business under the fictitious name (specify). and has complied with the fictitious business name laws. §. Each defendant named above is a natural person a. [__] except defendant (name) c [__] except defendant (name): (1) [2] a business organization, form unknown (1) [2] a business organization, form unknown (2) [_] a comoration (2) (J a corporation (3) [1] an unincorporated entity (describe) (3) [2] an unincorporated entity (describe). (4) [J 2 public entity (descnbe) (4) [5] a public entity (describe). (5) [_] other (specify). (5) [7] other (specify) b. [] except defendant (name): d. [[_] except defendant (name): (1) [2] a business organization, form unknown (1) [) a business organization, form unknown (2) [-_] a corporation (2) [J a corporation (3) [J an unincorporated entity (describe). (3) [_] an unincorporated entity (describe). (4) [_] a public entity (describe) (4) [7] a public entity (describe). (5) [J other (specify) (5) [J other (specify) [1] Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff. Doe defendants (specify Doe numbers) 1-100 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. [7] Doe defendants (specify Doe numbers): 1-100. are persons whose capacities are unknawn to plaintiff [J Defendants who are joined under Code of Civil Procedure section 382 are (names) This court is the proper court because a. [] atleast one defendant now resides in its jurisdictional area : ce the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. {11 injury to person or damage to personal property occurred in its jurisdictional area a (J other (specify). [) Plaintit is required to comply with a ciaims statute and a. [1] has complied with appiicable claims statutes, or b. [1 is excused from complying because (specify) PLD-PI-001 (Fev January 1, 2007] COMPLAINT—Personal Injury, Property Page 2 0f3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Warrick v Ishikawa 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): Motor Vehicle (] General Negligence (J intentional Tort (J Products Liability [1] Premises Liability [1] Other (specify) 1 Plaintiff has suffered wage loss loss of use of property hospital and medical expenses general damage e. property damage loss of earning capacity other damage (specify): PAIN, SUFFERING, EMOTIONAL DISTRESS, INCONVINIENCE, PHYSICAL IMPAIRMENT AND OTHER NON-PECUNIARY DAMAGES. 412. [1] The damages claimed for wrongful death and the relationships of plaintiff to the deceased ara a [] listed in Attachment 12. b. [_] as follows: 13 The relief sought in this complaint is within the jurisdiction of this court. 14, Plaintiff prays for judgment for costs of suit for such relief as is fair. just, and equitable: and for a. (1) [2] compensatory damages (2) ([] punitive damages The amount of damages 's (in cases for personal injury or wrongful death. you must check (1)), (1) according to proof (2) (2) in the amount of $ 15. . [£7] The paragraphs of this complaint alleged on information and belief are as follows (specity Paragraph numbers)" Date: 08/20/2020 CLIFFORD N. BARRY, ESQ. > La (TYPE OR PRINT NAME SIGNATURE OF PLAINTIFF OR ATTORNEY) 0-P1-061 [Rev January 1 2007} COMPLAINT—Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-004(1) ‘SHORT TITLE: CASE NUMBER Warrick v Ishikawa FIRST CAUSE OF ACTION—Motor Vehicle (number) ATTACHMENTTO [7] Complaint [_] cCross-Compiaint (Use a separate cause of action form for each cause of action ) Plaintiff (name): Sasha Warrick MV- 4. Plaintiff alleges the acts of defendants were negligent: the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date); 09/08/2018 at (place): or near 1249 Great Mall Dr, City of Milpitas. Plaintiff was safely and reasonably walking across the Great Mall Parking Lot. Defendants negligently, recklessly and without due concern for the rights and safety of others including Plaintiff, struck the Plaintiff with their motor vehicle, directly and proximately causing all of the herein described injuries and damages to Plaintiff. MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Kyoji Ishikawa; Mai Ishikawa;.and, CZ] pees 1 to 100. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Kyoji Ishikawa; Mai Ishikawa; and, [1 does 1 to 100. The defendants who owned the motor vehicle which was operated with their permission are (names): Kyoji Ishikawa; Mai Ishikawa; and, TZ) Does L “to 100. (4) The defendants who entrusted the motor vehicle are (names): Kyoji Ishikawa: Mai Ishikawa: and, [4 does 1 ta 100. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names) Kyoji Ishikawa; Mai Ishikawa; and, (2) Does 1 to 100. ‘The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are (1 listed in Attachment MV-2f as follows: Defendants and cach of them failed to properly inspect, maintain and repair the subject vehicles [4] Does 1 to 100. Page 4 Page 1 of 4 Form Approved far Opuonal Use CAUSE OF ACTION—Motor Vehicle ‘Code of Civil Procedure 425 12 Judicial Counc of Caltonva www countinfo ca gov PLO-PLO1(H) (Rev January 4 2007]