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PLD-PI-001
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar aumber, and addrass): FOR COURT USE ONLY
Vincent J. Quigg, Esq. (SBN:108932)
Law Office of Vincent J. Quigg
411 Long Beach Blvd.
Long Beach, California 90805
TELEPHONENO: 562-428-0550 FAX NO. (Optiona: 562-428-1880
E-MAIL ADDRESS (Opfionay; quigglaw@yahoo.com
ATTORNEY FOR Weme): Plaintiff, Francisco A. Milanes.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
‘STREET ADDRESS: : 1215 Truxtun Avenue
MAILING ADDRESS:
CITY AND ZIP CODE: Bakersfield, California 93301
BRANCH NAME: : Metro Justice Building - Civil Division
PLAINTIFF: Francisco A. Mifanes
DEFENDANT: Kincy S. Ellington; Mike Lowrie Trucking, Inc. and
[3] DOES 1 To 50, Inclusive
COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER:
[J AMENDED (Number):
Type (check ail that apply):
[32] MOTOR VEHICLE [52] OTHER (specify): General Negligence
((¥] Property Damage [_~] Wrongful Death
Personal Injury [_] Other Damages (specify):
Jurisdiction (check aif that apply):
[7] ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
[<] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
|] ACTION IS RECLASSIFIED by this amended complaint
[__] from limited to unlimited
[C7] from unlimited to limited
Plaintiff (name or names): Francisco A. Milanes
alleges causes of action against defendant (name or names).
Kincy S. Ellington; Mike Lowrie Trucking, Inc. and DOES 1 to 50, Inclusive
This pleading, including attachments and exhibits, consists of the following number of pages: 5
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 (describe):
(3) [] a public entity (describe):
(4) ] aminor [2] an adult
(a) [__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(0) [_] other (specify):
(5) ["_] other (specify):
b. [_] except plaintiff (name):
(1) [£7] a cerporation qualified to do business in California
(2) [7] an unincorporated entity (describe):
(3) [J a public entity (describe):
(4) [_] a minor [J an adult
(a) [] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [] other (specify):
(5) [_] other (specify):
[1 Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page tof 3
Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civ Procedure, § 425.12
Jucicial Counc of California wnw.courts.ca.gov
PLO-PI-001 [Rev. January 1, 2007) Damage, Wrongful Death
PLD-Pi-001
SHORT TITLE: CASE NUMBER:
Francisco A. Milanes vs. Kincy S, Ellington, et al.
4. [_] Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
except defendant (name): Mike Lowrie Trucking, Inc. c. [__] except defendant (name):
(1) [£] a business organization, form unknown (1) [] a business organization, form unknown
(2) [3€] a corporation (2) [7] a corporation
(3) [7] an unincorporated entity (describe): (3) [J an unincorporated entity (describe):
(4) [] a public entity (describe): (4) [7] a public entity (describe):
(8) [_] other (specify): (5) [__] other (specify):
b. [[_] except defendant (name): d. [_] except defendant (name):
(1) [] a business organization, form unknown (1) [] a business organization, form unknown
(2) [] a corporation (2) [_] a corporation
(3) ["7} an unincorporated entity (describe): (3) [__] an unincorporated entity (describe):
(4) [-—] a public entity (describe): (4) [] a public entity (describe):
(5) [J other (specify): (5) (_} other (specify):
[7] 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. [X] 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. Doe defendants (specify Doe numbers): 4 to 50 are persons whose capacities are unknown to
plaintiff.
[_] 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.
b. [[_] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
©. injury to person or damage to personal property occurred in its jurisdictional area.
d. [7] other (specify):
. [7] Plaintiff is required to comply with a claims statute, and
a. [__] has complied with applicable claims statutes, or
b. [77] is excused fram complying because (specify):
PLO-PI-004 (Rev. January 4, 2007) COMPLAINT—Personal Injury, Property Page 203
Damage, Wrongful Death
PLD-PI-004
SHORT TITLE: CASE NUMBER:
Francisco A. Mifanes vs. Kincy S. Ellington, et al.
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
. [__} Products Liability
. [_] Premises Liability
[EZ] Other (specify):
Personal Injury
11 Plaintiff has suffered
wage loss
loss of use of property
. hospital and medical expenses
|. [5C] general damage
. [BC] property damage
[<1 loss of earning capacity
|. [<7] other damage (specify):
Cost of suit herein and any other costs that the Court may deem just and proper
12.7] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. [CT] listed in Attachment12.
b. [C7] 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) compensatory damages
(2) [__] punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) [<] according to proof
(2) [7] in the amount of: $
7
L7
45. [[_]The paragraphs of this complaint alleged on information and belief are as follows (specify parg graph
Date: December 18, 2023
Gi
Vincent J. Quigg, Esq.
(TYPE OR PRINT NAME}
> Z
Spnnpiget PLAINTIFF OR ATTORNEY)
PLD-F/-001 [Rev, January 1, 2007) COMPLAINT—Personai Injury, Property Page 3 of 3
Damage, Wrongful Death
PLD-P1-001(1)
SHORT TITLE: CASE NUMBER:
Francisco A. Milanes vs. Kincy S. Ellington, et al.
FIRST CAUSE OF ACTION—Motor Vehicle
(number
ATTACHMENT TO Complaint [] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): Francisco A. Milanes
MV- 1. 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): January 19, 2022
at (place):
Wheeler Ridge Road and 1.1 Miles South of Legray Road, Kern County, 93307
MvV- 2, DEFENDANTS
a The defendants who operated a motor vehicle are (names):
Kincy S. Etllington; Mike Lowrie Trucking, Inc. and
[<] Does 4 to 50, Inclusive
The defendants who employed the persons who operated a motor vehicle in the course of their employment are
(names):
Kincy S. Ellington; Mike Lowrie Trucking, Inc. and
(X] Does 4 to 50, Inclusive
[5] The defendants who owned the motor vehicle which was operated with their permission are (names):
Kincy S. Eillington; Mike Lowrie Trucking, Inc. and
x _} Does 4 to 50, Inclusive
The defendants who entrusted the motor vehicle are (names):
Kincy S. Ellington; Mike Lowrie Trucking, Inc. and
[GE] Does 4 to 50, Inclusive
The defendants who were the agents and employees of the other defendants and acted within the scope of the
agency were (names):
Kincy S. Elllington; Mike Lowrie Trucking, Inc. and
Does 4 to 50, inclusive
[24] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
listed in Attachment MV-2f [___] as follows:
Plaintiffs’ investigation and discovery is continuing and Plaintiffs reserve the right to amend this pleading when and
further information is obtained
[|] Does to
Page 4
Page 1of 4
Fon Approved for Optional Use CAUSE OF ACTION—Motor Vehicle Code
of Civil Procedure 425.12
Judiefal Council of California weny.couns.ca.g0¥
PLO-PI-001(1} [Rev January 1, 2007}
PL.D-PI-001(2)
SHORT TITLE: CASE NUMBER:
Francisco A. Milanes vs. Kincy S. Ellington, et at.
SECOND CAUSE OF ACTION—-General Negligence Page 5
(number)
ATTACHMENT TO [3] Complaint [J Cross - Compiaint
{Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Francisco A. Milanes
alleges that defendant (name): Kincy S. Ellington; Mike Lowrie Trucking, Inc. and
x] Does 4 to 50, inclusive
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): January 19, 2022
at (place): Wheeler Ridge Road and 1.1 Miles South of Legray Road, Kern County, CA 93307
(description of reasons for liability):
Defendants, and sach of them, so negligently owned, managed, maintained, controlled, supervised and operated their
vehicle so as to allow their vehicle to collide with Plaintffs vehicle causing the injuries and damages as herein alleged.
Page tof 4
Form Approved for Optional Use CAUSE OF ACTION—General Negligence ‘Code of Gil Procedure 425.42
‘usiciel Council of California wenz-courls.ca.gov
PLD-P1-001(2) Rav. January 4, 2007]
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PLD-PI-001 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar aumber, and addrass): FOR COURT USE ONLY Vincent J. Quigg, Esq. (SBN:108932) Law Office of Vincent J. Quigg 411 Long Beach Blvd. Long Beach, California 90805 TELEPHONENO: 562-428-0550 FAX NO. (Optiona: 562-428-1880 E-MAIL ADDRESS (Opfionay; quigglaw@yahoo.com ATTORNEY FOR Weme): Plaintiff, Francisco A. Milanes. SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN ‘STREET ADDRESS: : 1215 Truxtun Avenue MAILING ADDRESS: CITY AND ZIP CODE: Bakersfield, California 93301 BRANCH NAME: : Metro Justice Building - Civil Division PLAINTIFF: Francisco A. Mifanes DEFENDANT: Kincy S. Ellington; Mike Lowrie Trucking, Inc. and [3] DOES 1 To 50, Inclusive COMPLAINT—Personal Injury, Property Damage, Wrongful Death CASE NUMBER: [J AMENDED (Number): Type (check ail that apply): [32] MOTOR VEHICLE [52] OTHER (specify): General Negligence ((¥] Property Damage [_~] Wrongful Death Personal Injury [_] Other Damages (specify): Jurisdiction (check aif that apply): [7] ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 [<] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) |] ACTION IS RECLASSIFIED by this amended complaint [__] from limited to unlimited [C7] from unlimited to limited Plaintiff (name or names): Francisco A. Milanes alleges causes of action against defendant (name or names). Kincy S. Ellington; Mike Lowrie Trucking, Inc. and DOES 1 to 50, Inclusive This pleading, including attachments and exhibits, consists of the following number of pages: 5 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 (describe): (3) [] a public entity (describe): (4) ] aminor [2] an adult (a) [__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (0) [_] other (specify): (5) ["_] other (specify): b. [_] except plaintiff (name): (1) [£7] a cerporation qualified to do business in California (2) [7] an unincorporated entity (describe): (3) [J a public entity (describe): (4) [_] a minor [J an adult (a) [] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [] other (specify): (5) [_] other (specify): [1 Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page tof 3 Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civ Procedure, § 425.12 Jucicial Counc of California wnw.courts.ca.gov PLO-PI-001 [Rev. January 1, 2007) Damage, Wrongful Death PLD-Pi-001 SHORT TITLE: CASE NUMBER: Francisco A. Milanes vs. Kincy S, Ellington, et al. 4. [_] Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person except defendant (name): Mike Lowrie Trucking, Inc. c. [__] except defendant (name): (1) [£] a business organization, form unknown (1) [] a business organization, form unknown (2) [3€] a corporation (2) [7] a corporation (3) [7] an unincorporated entity (describe): (3) [J an unincorporated entity (describe): (4) [] a public entity (describe): (4) [7] a public entity (describe): (8) [_] other (specify): (5) [__] other (specify): b. [[_] except defendant (name): d. [_] except defendant (name): (1) [] a business organization, form unknown (1) [] a business organization, form unknown (2) [] a corporation (2) [_] a corporation (3) ["7} an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (4) [-—] a public entity (describe): (4) [] a public entity (describe): (5) [J other (specify): (5) (_} other (specify): [7] 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. [X] 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. Doe defendants (specify Doe numbers): 4 to 50 are persons whose capacities are unknown to plaintiff. [_] 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. b. [[_] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. ©. injury to person or damage to personal property occurred in its jurisdictional area. d. [7] other (specify): . [7] Plaintiff is required to comply with a claims statute, and a. [__] has complied with applicable claims statutes, or b. [77] is excused fram complying because (specify): PLO-PI-004 (Rev. January 4, 2007) COMPLAINT—Personal Injury, Property Page 203 Damage, Wrongful Death PLD-PI-004 SHORT TITLE: CASE NUMBER: Francisco A. Mifanes vs. Kincy S. Ellington, et al. 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 . [__} Products Liability . [_] Premises Liability [EZ] Other (specify): Personal Injury 11 Plaintiff has suffered wage loss loss of use of property . hospital and medical expenses |. [5C] general damage . [BC] property damage [<1 loss of earning capacity |. [<7] other damage (specify): Cost of suit herein and any other costs that the Court may deem just and proper 12.7] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. [CT] listed in Attachment12. b. [C7] 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) compensatory damages (2) [__] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) [<] according to proof (2) [7] in the amount of: $ 7 L7 45. [[_]The paragraphs of this complaint alleged on information and belief are as follows (specify parg graph Date: December 18, 2023 Gi Vincent J. Quigg, Esq. (TYPE OR PRINT NAME} > Z Spnnpiget PLAINTIFF OR ATTORNEY) PLD-F/-001 [Rev, January 1, 2007) COMPLAINT—Personai Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-P1-001(1) SHORT TITLE: CASE NUMBER: Francisco A. Milanes vs. Kincy S. Ellington, et al. FIRST CAUSE OF ACTION—Motor Vehicle (number ATTACHMENT TO Complaint [] Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Francisco A. Milanes MV- 1. 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): January 19, 2022 at (place): Wheeler Ridge Road and 1.1 Miles South of Legray Road, Kern County, 93307 MvV- 2, DEFENDANTS a The defendants who operated a motor vehicle are (names): Kincy S. Etllington; Mike Lowrie Trucking, Inc. and [<] Does 4 to 50, Inclusive The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Kincy S. Ellington; Mike Lowrie Trucking, Inc. and (X] Does 4 to 50, Inclusive [5] The defendants who owned the motor vehicle which was operated with their permission are (names): Kincy S. Eillington; Mike Lowrie Trucking, Inc. and x _} Does 4 to 50, Inclusive The defendants who entrusted the motor vehicle are (names): Kincy S. Ellington; Mike Lowrie Trucking, Inc. and [GE] Does 4 to 50, Inclusive The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Kincy S. Elllington; Mike Lowrie Trucking, Inc. and Does 4 to 50, inclusive [24] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f [___] as follows: Plaintiffs’ investigation and discovery is continuing and Plaintiffs reserve the right to amend this pleading when and further information is obtained [|] Does to Page 4 Page 1of 4 Fon Approved for Optional Use CAUSE OF ACTION—Motor Vehicle Code of Civil Procedure 425.12 Judiefal Council of California weny.couns.ca.g0¥ PLO-PI-001(1} [Rev January 1, 2007} PL.D-PI-001(2) SHORT TITLE: CASE NUMBER: Francisco A. Milanes vs. Kincy S. Ellington, et at. SECOND CAUSE OF ACTION—-General Negligence Page 5 (number) ATTACHMENT TO [3] Complaint [J Cross - Compiaint {Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Francisco A. Milanes alleges that defendant (name): Kincy S. Ellington; Mike Lowrie Trucking, Inc. and x] Does 4 to 50, inclusive 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): January 19, 2022 at (place): Wheeler Ridge Road and 1.1 Miles South of Legray Road, Kern County, CA 93307 (description of reasons for liability): Defendants, and sach of them, so negligently owned, managed, maintained, controlled, supervised and operated their vehicle so as to allow their vehicle to collide with Plaintffs vehicle causing the injuries and damages as herein alleged. Page tof 4 Form Approved for Optional Use CAUSE OF ACTION—General Negligence ‘Code of Gil Procedure 425.42 ‘usiciel Council of California wenz-courls.ca.gov PLD-P1-001(2) Rav. January 4, 2007]