Preview
Electronically Filed
2/13/2024 11:19 AM
Superior Court of California
1 W. RUSSELL FIELDS, ESQ., 4166058 County of Stanislaus
LAW OFFICES OF W. RUSSELL FIELDS Clerk of the Court
2630 J Street By: Crystal Lam, Deputy
Sacramento, California 95816
5 russ8russfieldslaw.corn $435.00 PAID
4 Telephone: (916) 646-6100
Attorney for Plaintiffs
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF STANISLAUS
CV-24-001213
10 LISANDRO PEREZ and MARTHA GARCIA, ) No.
)
Plaintiffs, ) COMPLAINT FOR DAMAGES
(Personal Injury, Motor
)
12 vs. ) Vehicle)
)
FRANCISCO PALAFOX RUVALCABA, and )
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DOES 1 through 20, inclusive, )
)
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Defendants. )
)
)
16 )
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Plaintiffs complain against defendants, and each of them, and
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allege as follows:
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21 That the true names and capacities, whether individual,
22 corporate, associate or otherwise, of defendants, DOES 1 through 20,
25 are unknown to plaintiffs, who therefore sue said defendants by such
fictitious capacities, and the plaintiffs will amend this
names and
25
complaint to show their true names and capacities when the same have
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been ascertained. Plaintiffs are informed and believe, and thereon
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allege, that each of the defendants, DOES 1 through 20, is responsible
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under law in some manner negligently, in warranty, strictly, or
COMPLAINT FOR DAMAGES — 1
Freeland, John D
Dept. 23
otherwise for the events and happenings herein referred to, and
proximately thereby caused injuries and damages to plaintiffs as
3
herein alleged.
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That at all times herein mentioned, the defendants, and each of
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them, were the agents, servants and employees of the remaining
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defendants, and at all times were acting within the course and scope
of said agency and employment.
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Plaintiffs are informed and believe and thereon allege that the
12 defendants, and each of them, were residents of the County of
Stanislaus, State of California.
IV
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Plaintiffs are at all times herein mentioned were
now and
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citizens and residents of the State of California, and the amount in
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controversy exceeds the jurisdictional limits of this Court.
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V
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That on or about February 27, 2022, on Crows Landing in the
County of Stanislaus,State of California,defendants,and each of
them, were operating their motor vehicle with the express permission
23 and consent of each of the remaining defendants, and so negligently
24 and carelessly owned, maintained, operated, entrusted, controlled,
managed, designed, manufactured, repaired and supplied their motor
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vehicle so as to cause collision and resulting injuries
a and damages
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to plaintiffs as hereinafter alleged.
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COMPLA1NT FOR DAMAGES —
2
VI
That as a direct. and proximate result of the negligence of
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defendants, and each of them, plaintiffs were hurt. and injured,
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consisting of loss of health, strength and activity, sustaining injury
5
to plaintiff' body and shock and injury to plaintiff' nervous system
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and person, all of which said injuries have caused and continue to
7
cause plaintiffs great mental, physical and nervous pain and
8
suffering. Plaintiffs are informed and believe and thereon allege
that said injuries will result in some permanent disability to the
plaintiffs, all to plaintiffs'eneral damage in a sum within the
12 jurisdictional limits of this Court. Plaintiffs seek and are entitled
to prejudgment interest on that amount.
VII
That as a further direct and proximate cause of the negligence
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of defendants, and each of them, plaintiffs have been required, and
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will in the future be required, to employ physicians and surgeons to
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examine, treat and care for plaintiffs, and did incur, and will incur,
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hospital and medical expenses, the exact amount of which is unknown to
plaintiffs, and plaintiffs will ask leave of this court to amend this
complaint to insert the exact amount of same when it has been
23 ascertained. Plaintiffs seek and are entitled to prejudgment interest
24 on that amount.
25 VIII
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That as a further direct and proximate cause of the negligence
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of defendants, and each of them, plaintiffs have necessarily suffered
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loss of earnings and earning capacity, and will continue to lose
COMPLAINT FOR DAMAGES —
3
earnings in the future, to plaintiffs'urther damage in an amount
presently unknown to plaintiffs, and plaintiffs pray leave of this
3
court to this complaint to insert the exact amount of same when
amend
it has been ascertained. Plaintiffs seek and are entitled to
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prejudgment interest on that amount.
6
IX
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That as a further, direct and proximate result of the aforesaid
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conduct of the defendants, and each of them, plaintiff sustained
property damage to his motor vehicle in an amount presently
unascertained and plaintiff prays leave that when the exact sum is
12 ascertained, he may be permitted to insert the same herein with the
appropriate allegations. Plaintiff further sustained the loss of use
14
of his motor vehicle and will continue to lose the use of his motor
15
vehicle for an indefinite period of time in the future, all to his
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further special damage in an amount presently unascertained, and
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plaintiff prays leave that when the exact is ascertained, he may
sum
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be permitted to insert the same herein with appropriate allegations.
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20
Plaintiff is entitled to pre-judgment interest on that amount in
accordance with Civil Code Section 3291.
22 WHEREFORE, plaintiffs pray for jucgment against defendants, and
23 each of them, as follows:
(I) For general damages in an amount in excess of the minimal
25 jurisdictional limits of this Court;
26
(2) For past and future medical and incidental expenses,
27
according to proof;
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(3) For loss of earnings, according to proof;
CONPLAINT FOR D1|NAGES —
6
(4) For property damage and loss of use, according to proof;
(5) For costs of suit herein; and
(6) For such other and further relief as the court may deem
just and proper.
DATED: February 13, 2024 LAW OFFICES OF W. RUSSELL FIELDS
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COMPLAINT FOR DAMAGES —
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Preview
Electronically Filed 2/13/2024 11:19 AM Superior Court of California 1 W. RUSSELL FIELDS, ESQ., 4166058 County of Stanislaus LAW OFFICES OF W. RUSSELL FIELDS Clerk of the Court 2630 J Street By: Crystal Lam, Deputy Sacramento, California 95816 5 russ8russfieldslaw.corn $435.00 PAID 4 Telephone: (916) 646-6100 Attorney for Plaintiffs IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF STANISLAUS CV-24-001213 10 LISANDRO PEREZ and MARTHA GARCIA, ) No. ) Plaintiffs, ) COMPLAINT FOR DAMAGES (Personal Injury, Motor ) 12 vs. ) Vehicle) ) FRANCISCO PALAFOX RUVALCABA, and ) 14 DOES 1 through 20, inclusive, ) ) 15 Defendants. ) ) ) 16 ) 17 Plaintiffs complain against defendants, and each of them, and 18 19 allege as follows: 20 21 That the true names and capacities, whether individual, 22 corporate, associate or otherwise, of defendants, DOES 1 through 20, 25 are unknown to plaintiffs, who therefore sue said defendants by such fictitious capacities, and the plaintiffs will amend this names and 25 complaint to show their true names and capacities when the same have 26 been ascertained. Plaintiffs are informed and believe, and thereon 27 allege, that each of the defendants, DOES 1 through 20, is responsible 28 under law in some manner negligently, in warranty, strictly, or COMPLAINT FOR DAMAGES — 1 Freeland, John D Dept. 23 otherwise for the events and happenings herein referred to, and proximately thereby caused injuries and damages to plaintiffs as 3 herein alleged. 5 That at all times herein mentioned, the defendants, and each of 6 them, were the agents, servants and employees of the remaining 7 8 defendants, and at all times were acting within the course and scope of said agency and employment. 10 Plaintiffs are informed and believe and thereon allege that the 12 defendants, and each of them, were residents of the County of Stanislaus, State of California. IV 15 Plaintiffs are at all times herein mentioned were now and 16 citizens and residents of the State of California, and the amount in 17 controversy exceeds the jurisdictional limits of this Court. 18 V 19 20 That on or about February 27, 2022, on Crows Landing in the County of Stanislaus,State of California,defendants,and each of them, were operating their motor vehicle with the express permission 23 and consent of each of the remaining defendants, and so negligently 24 and carelessly owned, maintained, operated, entrusted, controlled, managed, designed, manufactured, repaired and supplied their motor 26 vehicle so as to cause collision and resulting injuries a and damages 27 to plaintiffs as hereinafter alleged. 28 COMPLA1NT FOR DAMAGES — 2 VI That as a direct. and proximate result of the negligence of 3 defendants, and each of them, plaintiffs were hurt. and injured, 4 consisting of loss of health, strength and activity, sustaining injury 5 to plaintiff' body and shock and injury to plaintiff' nervous system 6 and person, all of which said injuries have caused and continue to 7 cause plaintiffs great mental, physical and nervous pain and 8 suffering. Plaintiffs are informed and believe and thereon allege that said injuries will result in some permanent disability to the plaintiffs, all to plaintiffs'eneral damage in a sum within the 12 jurisdictional limits of this Court. Plaintiffs seek and are entitled to prejudgment interest on that amount. VII That as a further direct and proximate cause of the negligence 16 of defendants, and each of them, plaintiffs have been required, and 17 will in the future be required, to employ physicians and surgeons to 18 examine, treat and care for plaintiffs, and did incur, and will incur, 19 20 hospital and medical expenses, the exact amount of which is unknown to plaintiffs, and plaintiffs will ask leave of this court to amend this complaint to insert the exact amount of same when it has been 23 ascertained. Plaintiffs seek and are entitled to prejudgment interest 24 on that amount. 25 VIII 26 That as a further direct and proximate cause of the negligence 27 of defendants, and each of them, plaintiffs have necessarily suffered 28 loss of earnings and earning capacity, and will continue to lose COMPLAINT FOR DAMAGES — 3 earnings in the future, to plaintiffs'urther damage in an amount presently unknown to plaintiffs, and plaintiffs pray leave of this 3 court to this complaint to insert the exact amount of same when amend it has been ascertained. Plaintiffs seek and are entitled to 5 prejudgment interest on that amount. 6 IX 7 That as a further, direct and proximate result of the aforesaid 9 conduct of the defendants, and each of them, plaintiff sustained property damage to his motor vehicle in an amount presently unascertained and plaintiff prays leave that when the exact sum is 12 ascertained, he may be permitted to insert the same herein with the appropriate allegations. Plaintiff further sustained the loss of use 14 of his motor vehicle and will continue to lose the use of his motor 15 vehicle for an indefinite period of time in the future, all to his 16 further special damage in an amount presently unascertained, and 17 plaintiff prays leave that when the exact is ascertained, he may sum 18 be permitted to insert the same herein with appropriate allegations. 19 20 Plaintiff is entitled to pre-judgment interest on that amount in accordance with Civil Code Section 3291. 22 WHEREFORE, plaintiffs pray for jucgment against defendants, and 23 each of them, as follows: (I) For general damages in an amount in excess of the minimal 25 jurisdictional limits of this Court; 26 (2) For past and future medical and incidental expenses, 27 according to proof; 28 (3) For loss of earnings, according to proof; CONPLAINT FOR D1|NAGES — 6 (4) For property damage and loss of use, according to proof; (5) For costs of suit herein; and (6) For such other and further relief as the court may deem just and proper. DATED: February 13, 2024 LAW OFFICES OF W. RUSSELL FIELDS 10 12 13 15 16 17 18 19 20 21 22 23 25 26 27 28 COMPLAINT FOR DAMAGES — 5