Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 06/28/2019 12:45 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Perez,Deputy Clerk
19STCV22589
PLD-PI-001
ATTORNEY
OR PARTY WiTHOUAR
FOR all PUROSES
FISRREApi cP UNS. Suagf Courthouse, Judicial Officer: Christopher Lui "FOR COURT USE ONLY
rc
Il , ( 5 1337
John Matusek Es SBN 11 37)
Thomas Jd O'Neil Esq (SBN 177953)
O'NEIL & MATUSEK, LLP
14416 Hamlin Street Suite 200 Van Nuys, CA 91401
TELEPHONE NO. (818) 778-0529 FAX NO (Optional) (818) 778-0528
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name): Plaintiff IRMA ESTRADA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles
STREET ADDRESS: 111 N Hill Street
mainc aporess: 111 N. Hill Street
cryanozipcoos LOS Angeles, CA 90012
prancHNname: Central District
PLAINTIFF. IRMA ESTRADA an individual
DEFENDANT: KIMBERLEE ALLISON, an individual
and
( poesiTo 15
COMPLAINT-Personal Injury, P:operty Damage, Wrongful Death
(Cd AMENDED (Number)
Type (check all that apply)
() MoTOR VEHICLE (C) OTHER (specify)
(-) Property Damage CQ Wrongful Death
(&) Personal Injury (X) Other Damages (specify)
General Damages
Jurisdiction (check all that apply) CASE NUMBER:
(CD ACTION Is A LIMITED CIVIL CASE
Amount demanded [_] does not exceed $10,000
(CY exceeds $10,000, but does not exceed $25,000
(Q) ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000) 19ST C¥22589
(C) ACTION IS RECLASSIFIED by this amended complaint
C) from li d to unlimited
C1 from unlimited to limited
Plaintiff (name or names): IRMA ESTRADA, an individual
alleges causes of action againstdefendant (name or names): KIMBERLEE ALLISON an individual
This pleading, including attachments and exhibits, consists of the following number of pages: 5
Each plaintiff named above is a competent adult
a. [L) except plaintiff (name)
1) () a corporation qualified to do business in California
(CC) an unincorporated entity (describe)
(3) () a public entity (describe)
(4) CQ) a minor CQ an adult
(CC) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
b) 2} other (specify)
CC) other (specify)
b6 CY except plaintiff (name)
C2 a corporation qualified to do business in California
CC) an unincorporated entity (describe)
3) (L] a public entity (describe)
(4) QQ a minor CD an adult
(CC) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
b) (L) other (specify)
(5) (L] other (specify)
(C} Information about additional plaintifis who are not competent adults is shown in Attachment 3.
Page 1 of 3
Foim Approved for Optional Use Maotin Deans COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12
Judicial Council of Calif www.courtinfo.ca.gov
PLD-P1-001 [Rev. January 1, i |e 3©.) ESSENTIAL FORMS” Damage, Wrongful Death
Estrada, Irma
- PLD-PI-001
| SHORT TITLE: CASE NUMBER
ESTRADA
\DZ Vv ALLISON —_—
4 Cy 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. [C] except defendant (name) c. [) except defendant (name)
(1) [2 a business organization, form unknown (1) (2) 2 business organization, form unknown
(2) () acorporation (2) C) a corporation
(3) LL} an unincorporated entity (describe) (3) (} an unincorporated entity (describe) :
(4) (2) a public entity (describe) (4) (CC) a public entity (describe) :
(5) [2] other (specify) (5) (CY other (specify)
b. [2] except defendant (name) d. () except defendant (name)
(1) (Qa business organization, form unknown (1) (2) a business organization, form unknown
(2) LC) acorporation (2) [) acorporation
(3) (2) an unincorporated entity (describe) : (3) (2) an unincorporated entity (describe)
(4) [() a public entity (describe) (4) (a public entity (describe) :
(5) (CQ other (specify) : (5) (2) other (specify)
(2) 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.
a [K] Doe defendants (specify Doe numbers} sere
1_ to 15 the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. [KJ Doe defendants (specify Doe numbers. are
1_ to 15 persons whose capacities are unknown to
plaintiff.
(2) Defendants who are joined under Code of Civil Procedure section 382 are(names):
This court is the proper court because
a. [) at least one defendant now resides in its jurisdictional area.
b. (} the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
©. [1 injury to person or damage to personal property occurred in its jurisdictional area.
d (CC) other (specify):
(CC) Plaintiff is required to comply with a claims statuteand
a. (LJ has complied with applicable claims statutesor
b. is excused from complying because (specify):
PLD-P1-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3
% Martin Deans
ca Damage, Wrongful Death
vb) ESSENTIAL FORMS” Estrada, Irma
PLD-PI-001
SHORT TITLE | case numeer.
ESTRADA v ALLISON |
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 (QQ Motor Vehicle
b. CQ) General Negligence
c. CC] intentional Tort
d } Products Liability
e CD Premises Liability
f. CC) Other (specify) :
1 Plaintiff has suffered
) wage loss
b. [KE 1088 of use of property
c. (QD hospital and medical expenses
d. [QQ general damage
(I property damage
(XJ loss of earning capacity
9. CC) other damage (specify) :
12. (C) The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a (CC) listed in Attachment 12.
b. C) 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) (QJ compensatory damages
(2) CQ punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) QQ according to proof
(2) () in the amount of: $
15. (C) The paragraphs of this complaint alleged on information and belief are as follows(specify paragraph numbers)
ate
Date: June 24, 2019
Thoma O'Neil Esq
(TYPE OR PRINT NAME) > (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3
“@ ‘Martin Deans
) Martin Deanis
=) ESSERTIAL FORMS™ Estrada, Irma
_ — _ PLD-PI-001(2)
SHORT TITLE: CASE NUMBER
ESTRADA v. ALLISON
l
__Second ~~) CAUSE OF ACTION- General Negligence Page _5
(number)
ATTACHMENT TO [QJ Complaint (CC) Cross-Compiaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name) : IRMA ESTRADA, an individual
alleges that defendant (name): KIMBERLEE ALLISON, an individual;
and
CQ] Does 1 to 15 -
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date): 8/18/2017
at (place): 405 South of 101 in Los Angeles, California
(description of reasons for liability) :
Defendant negligently operated her motor vehicle in such a
manner as to cause it to forcefully impact the rear of
Plaintiff's vehicle.
Page 4 of 1
Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12
Judicial Council of California ‘www.courtinfo.ca.gov
PLO-PLO01(2) (Rev. January 1. 2007] ca Martin Deans
oo) ESSENTIAL FORMS” Estrada, Irma
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 06/28/2019 12:45 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Perez,Deputy Clerk 19STCV22589 PLD-PI-001 ATTORNEY OR PARTY WiTHOUAR FOR all PUROSES FISRREApi cP UNS. Suagf Courthouse, Judicial Officer: Christopher Lui "FOR COURT USE ONLY rc Il , ( 5 1337 John Matusek Es SBN 11 37) Thomas Jd O'Neil Esq (SBN 177953) O'NEIL & MATUSEK, LLP 14416 Hamlin Street Suite 200 Van Nuys, CA 91401 TELEPHONE NO. (818) 778-0529 FAX NO (Optional) (818) 778-0528 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name): Plaintiff IRMA ESTRADA SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREET ADDRESS: 111 N Hill Street mainc aporess: 111 N. Hill Street cryanozipcoos LOS Angeles, CA 90012 prancHNname: Central District PLAINTIFF. IRMA ESTRADA an individual DEFENDANT: KIMBERLEE ALLISON, an individual and ( poesiTo 15 COMPLAINT-Personal Injury, P:operty Damage, Wrongful Death (Cd AMENDED (Number) Type (check all that apply) () MoTOR VEHICLE (C) OTHER (specify) (-) Property Damage CQ Wrongful Death (&) Personal Injury (X) Other Damages (specify) General Damages Jurisdiction (check all that apply) CASE NUMBER: (CD ACTION Is A LIMITED CIVIL CASE Amount demanded [_] does not exceed $10,000 (CY exceeds $10,000, but does not exceed $25,000 (Q) ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000) 19ST C¥22589 (C) ACTION IS RECLASSIFIED by this amended complaint C) from li d to unlimited C1 from unlimited to limited Plaintiff (name or names): IRMA ESTRADA, an individual alleges causes of action againstdefendant (name or names): KIMBERLEE ALLISON an individual This pleading, including attachments and exhibits, consists of the following number of pages: 5 Each plaintiff named above is a competent adult a. [L) except plaintiff (name) 1) () a corporation qualified to do business in California (CC) an unincorporated entity (describe) (3) () a public entity (describe) (4) CQ) a minor CQ an adult (CC) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed b) 2} other (specify) CC) other (specify) b6 CY except plaintiff (name) C2 a corporation qualified to do business in California CC) an unincorporated entity (describe) 3) (L] a public entity (describe) (4) QQ a minor CD an adult (CC) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed b) (L) other (specify) (5) (L] other (specify) (C} Information about additional plaintifis who are not competent adults is shown in Attachment 3. Page 1 of 3 Foim Approved for Optional Use Maotin Deans COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12 Judicial Council of Calif www.courtinfo.ca.gov PLD-P1-001 [Rev. January 1, i |e 3©.) ESSENTIAL FORMS” Damage, Wrongful Death Estrada, Irma - PLD-PI-001 | SHORT TITLE: CASE NUMBER ESTRADA \DZ Vv ALLISON —_— 4 Cy 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. [C] except defendant (name) c. [) except defendant (name) (1) [2 a business organization, form unknown (1) (2) 2 business organization, form unknown (2) () acorporation (2) C) a corporation (3) LL} an unincorporated entity (describe) (3) (} an unincorporated entity (describe) : (4) (2) a public entity (describe) (4) (CC) a public entity (describe) : (5) [2] other (specify) (5) (CY other (specify) b. [2] except defendant (name) d. () except defendant (name) (1) (Qa business organization, form unknown (1) (2) a business organization, form unknown (2) LC) acorporation (2) [) acorporation (3) (2) an unincorporated entity (describe) : (3) (2) an unincorporated entity (describe) (4) [() a public entity (describe) (4) (a public entity (describe) : (5) (CQ other (specify) : (5) (2) other (specify) (2) 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. a [K] Doe defendants (specify Doe numbers} sere 1_ to 15 the agents or employees of other named defendants and acted within the scope of that agency or employment. b. [KJ Doe defendants (specify Doe numbers. are 1_ to 15 persons whose capacities are unknown to plaintiff. (2) Defendants who are joined under Code of Civil Procedure section 382 are(names): This court is the proper court because a. [) at least one defendant now resides in its jurisdictional area. b. (} the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. ©. [1 injury to person or damage to personal property occurred in its jurisdictional area. d (CC) other (specify): (CC) Plaintiff is required to comply with a claims statuteand a. (LJ has complied with applicable claims statutesor b. is excused from complying because (specify): PLD-P1-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 % Martin Deans ca Damage, Wrongful Death vb) ESSENTIAL FORMS” Estrada, Irma PLD-PI-001 SHORT TITLE | case numeer. ESTRADA v ALLISON | 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 (QQ Motor Vehicle b. CQ) General Negligence c. CC] intentional Tort d } Products Liability e CD Premises Liability f. CC) Other (specify) : 1 Plaintiff has suffered ) wage loss b. [KE 1088 of use of property c. (QD hospital and medical expenses d. [QQ general damage (I property damage (XJ loss of earning capacity 9. CC) other damage (specify) : 12. (C) The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a (CC) listed in Attachment 12. b. C) 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) (QJ compensatory damages (2) CQ punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) QQ according to proof (2) () in the amount of: $ 15. (C) The paragraphs of this complaint alleged on information and belief are as follows(specify paragraph numbers) ate Date: June 24, 2019 Thoma O'Neil Esq (TYPE OR PRINT NAME) > (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3 “@ ‘Martin Deans ) Martin Deanis =) ESSERTIAL FORMS™ Estrada, Irma _ — _ PLD-PI-001(2) SHORT TITLE: CASE NUMBER ESTRADA v. ALLISON l __Second ~~) CAUSE OF ACTION- General Negligence Page _5 (number) ATTACHMENT TO [QJ Complaint (CC) Cross-Compiaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name) : IRMA ESTRADA, an individual alleges that defendant (name): KIMBERLEE ALLISON, an individual; and CQ] Does 1 to 15 - was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): 8/18/2017 at (place): 405 South of 101 in Los Angeles, California (description of reasons for liability) : Defendant negligently operated her motor vehicle in such a manner as to cause it to forcefully impact the rear of Plaintiff's vehicle. Page 4 of 1 Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of California ‘www.courtinfo.ca.gov PLO-PLO01(2) (Rev. January 1. 2007] ca Martin Deans oo) ESSENTIAL FORMS” Estrada, Irma