Preview
PLD-Pl-001
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 179783/192169 FOR COURT USE ONLY
NAME: Edward D. Fanucchi, Esq./Robert D. Bassett, Esq.
FIRM NAME:Quinlan, Kershaw & Fanucchi, LLP
STREET ADDREss:2125 Merced Street
c1TY: Fresno STATE: CA 21PcoDE: 93721
TELEPHONE N0.:(559) 268-877} FAXNO.: (559) 268-5701
EMAIL ADDREss:e.d.fanucchi@qkffirm.com/r.bassett@qkffirm.com
ATTORNEY FOR (name): Plaintiff, Gabriel Hernandez
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDREss: 1215 Truxtun Avenue
MAILING ADDREss: 1215 Truxtun Avenue
c1TY ANDz1PcoDE: Bakersfield, CA 93301
BRANCH NAME: Metropolitan Division Justice Building
PLAINTIFF: Gabriel Hernandez
DEFENDANT: Joshua Feliz Soto, and
[xJ DOES 1 TO 25, inclusive
COMPLAINT-Personal Injury, Property Damage, Wrongful Death CASE NUMBER:
CJ AMENDED (Number):
Type (check all that apply):
[xJ MOTOR VEHICLE CJ OTHER (specify):
[x] Property Damage CJ Wrongful Death
[x] Personal Injury [iJ other Damages (specify): Exemolarv
Jurisdiction (check all that apply):
CJ ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded CJ does not exceed $10,000
D exceeds $10,000
[xJ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
CJ ACTION IS RECLASSIFIED by this amended complaint
D from limited to unlimited
D from unlimited to limited
1. Plaintiff (name or names): Gabriel Hernandez
alleges causes of action against defendant (name or names): Joshua Feliz Soto and Does 1 to 25,
inclusive
2. This pleading, including attachments and exhibits, consists of the following number
of pages: 6
3. Each plaintiff named above is a competent adult
a. D except plaintiff (name):
(1) D a corporation qualified to do business in California.
(2) D an unincorporated entity (describe):
(3) CJ a public entity (describe):
(4) a minor D an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointe
d.
(b) D other (specify):
(5) D other (specify):
b. D except plaintiff (name):
(1) CJ a corporation qualified to do business in California.
(2) D an unincorporated entity (describe):
(3) D a public entity (describe):
(4) D a minor D 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. Page 1 of 3
Form Approved for Optional Use COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12
Judicial Council of California www.courts.ca.gov
PLD-Pl-001 [Rev. January 1, 2024] Damage, Wrongful Death
Westlaw Doc & Form Builder-
PLD-Pl-001
T
SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER:
I I
4. CJ 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
a, D except defendant (name): c. D except defendant (name):
(1) D a business organization, form unknown. (1) D a business organization, form unknown.
(2) D a corporation. (2) D a corporation.
(3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe):
(4) a public entity (describe): (4) D a public entity (describe):
(5) other (specify): (5) D other (specify):
b. D except defendant (name): d. D except defendant (name):
(1) a business organization, form unknown. (1) D a business organization, form unknown.
(2) D a corporation. (2) D a corporation.
(3) an unincorporated entity (describe): (3) D an unincorporated entity (describe):
(4) a public entity (describe): (4) D a public entity (describe):
(5) D 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. [iJ Doe defendants (specify Doe numbers): 16 to 25 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. [iJ Doe defendants (specify Doe numbers): I to 24 are persons whose capacities are unknown to
plaintiff.
7. D Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. D at least one defendant now resides in its jurisdictional area.
b. D the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. [i] injury to person or damage to personal property occurred in its jurisdictional area.
d. D other (specify):
9. D Plaintiff is required to comply with a claims statute, and
a. D has complied with applicable claims statutes, or
b. D is excused from complying because (specify):
PLD-Pl-001 [Rev. January 1, 2024] COMPLAINT-Personal Injury, Property Page 2 of3
Damage, Wrongful Death
PLD-Pl-001
SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER:
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. [xJ MotorVehicle
b. IT] General Negligence
c. D Intentional Tort
d. D Products Liability
e. D Premises Liability
f. [xJ Other (specify): Exemplary Damages
11. Plaintiff has suffered (check all that apply)
a. [xJ wage loss.
b. [xJ loss of use of property.
c. [xJ hospital and medical expenses.
d. [xJ general damage.
e. [xJ property damage.
f. [xJ loss of earning capacity.
g. D other damage (specify):
12. CJ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. D listed in Attachment 12.
b. D 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) GJ compensatory damages.
(2) GJ punitive damages.
b. The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) GJ according to proof.
(2) D in the amount of: $
15. GJThe paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
GN-1; MV-1; MV-2(a-e); Exemplary
Date: February 21, 2022
n Eauuccbi
Edward- -· ··----
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-Pl-001 [Rev. January 1, 2024] COMPLAINT-Personal Injury, Property Page 3 ot 3
Damage, Wrongful Death
PLD-Pl-001 (1)
SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER:
FIRST CAUSE OF ACTION-Motor Vehicle
(n\Jmber)
ATTACHMENT TO [xJ Complaint O Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name):Gabriel Hernandez
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): July 23, 2022
at (place): Northbound Highway 99 near its the Lerdo Exit, County of Kern, State of California.
w
MV- 2. DEFENDANTS
a. The defendants who operated a motor vehicle are (names): Joshua Feliz Soto, and
W Does to
b. [iJ The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names): Joshua Feliz Soto, and
[iJ Does to JO
c. w The defendants who owned the motor vehicle which was operated with their permission are (names): Joshua
Feliz Soto, and
W Does --�--- 11 to ]5
d. [iJ The defendants who entrusted the motor vehicle are (names): Joshua Feliz Soto, and
[xJ Does 16 to 20
e. [i] The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names): Joshua Feliz Soto, and
Q Does
---21----- to 25
f. D The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
D listed in Attachment MV-2f D as follows:
D Does to Page
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California
CAUSE OF ACTION-Motor Vehicle Code of Clvll Procedure 425.12
www.courtlnfo.ca.gov
PLD-Pl-001(1 )[Rev. January 1, 2007) Westlaw Doc & Form Builder
PLD-Pl-001 (2)
SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER:
SECOND CAUSE OF ACTION-General Negligence Page ----
5
(number)
ATTACHMENT TO [xJ Complaint CJ Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Gabriel Hernandez
alleges that defendant (name): Joshua Feliz Soto, and
W Does 1 to 25
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): July 23, 2022
at (place):Northbound Highway 99 near its the Lerdo Exit, County of Kern, State of California.
(description of reasons for liability):
1. At the time and place aforesaid, Defendants, and each of them, so negligently, carelessly, recklessly,
wantonly, and unlawfully drove, operated, maintained, conducted, controlled and entrusted said vehicle as
to directly and proximately cause the same to collide with Plaintiff's vehicle then and there while being
operated by Plaintiff as aforesaid.
2. As a direct and proximate result of the negligence, carelessness, recklessness, wantonness and
unlawfulness of Defendants, and each of them, and the collision, as aforesaid, Plaintiff sustained severe and
serious injury to his person, all to Plaintiff's damage in a sum within the jurisdiction of this Court and to be
shown according to proof.
3. By reason of the foregoing, Plaintiff has been required to employ the services of hospitals, physicians,
surgeons, nurses and other professional services and Plaintiff has been compelled to incur expenses for
ambulance service, x-rays and other medical supplies and services. Plaintiff is informed and believes, and
thereon alleges, that further services of said nature will be required by Plaintiff in an amount to be shown
according to proof.
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure 425.12
Judicial Council of Calffornla CAUSE OF ACTION-General Negligence www.courtinfo.ca,gov
PLD-Pl-001 (2) (Rev. January 1, 20071 Westlaw Doc & Fom, Builder-
PLD-Pl-001 (6)
SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER:
Exemplary Damages Attachment Page
ATTACHMENT TO [xJ Complaint O Cross - Complaint
EX-1. As additional damages against defendant (name): Joshua Feliz Soto
Plaintiff alleges defendant was guilty of
[xJ malice
D fraud
[xJ oppression
as defined in Civil Code section 3294, and plaintiff should recover, ln addition to actual damages, damages
to make an example of and to punish defendant.
EX-2. The facts supporting plaintiff's claim are as follows:
Plaintiff, Gabriel Hernandez, incorporates by referenced each and every allegation set forth the First and
Second Causes of Action, as though fully set forth herein.
At all times mentioned herein Defendant, Joshua Feliz Soto, within the 24 hours prior to the subject incident
ingested alcohol to a degree, over and above the legal limit, which impaired his ability to perceive and react
and safely operate said vehicle.
Despite the above referenced knowledge, Defendant, Joshua Feliz Soto, willfully and deliberately failed to
avoid those consequences, ingested the alcohol in his body, thereafter driving said vehicle, causing it to
collide with the vehicle occupied by plaintiff herein. Defendant, Joshua Feliz Soto's action and conduct was
deliberate and/or in conscious disregard for the rights and safety of others, including Plaintiff herein.
EX-3. The amount of exemplary damages sought is
a. [xJ not shown, pursuant to Code of Civil Procedure section 425.10.
b. D $
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California Exemplary Damages Attachment www.covrtinfo.ca.gov
PLD-Pl-001 (6) [Rev. January 1, 2007] Westlaw Doc & Form Builder"'
Preview
PLD-Pl-001 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 179783/192169 FOR COURT USE ONLY NAME: Edward D. Fanucchi, Esq./Robert D. Bassett, Esq. FIRM NAME:Quinlan, Kershaw & Fanucchi, LLP STREET ADDREss:2125 Merced Street c1TY: Fresno STATE: CA 21PcoDE: 93721 TELEPHONE N0.:(559) 268-877} FAXNO.: (559) 268-5701 EMAIL ADDREss:e.d.fanucchi@qkffirm.com/r.bassett@qkffirm.com ATTORNEY FOR (name): Plaintiff, Gabriel Hernandez SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDREss: 1215 Truxtun Avenue MAILING ADDREss: 1215 Truxtun Avenue c1TY ANDz1PcoDE: Bakersfield, CA 93301 BRANCH NAME: Metropolitan Division Justice Building PLAINTIFF: Gabriel Hernandez DEFENDANT: Joshua Feliz Soto, and [xJ DOES 1 TO 25, inclusive COMPLAINT-Personal Injury, Property Damage, Wrongful Death CASE NUMBER: CJ AMENDED (Number): Type (check all that apply): [xJ MOTOR VEHICLE CJ OTHER (specify): [x] Property Damage CJ Wrongful Death [x] Personal Injury [iJ other Damages (specify): Exemolarv Jurisdiction (check all that apply): CJ ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) Amount demanded CJ does not exceed $10,000 D exceeds $10,000 [xJ ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) CJ ACTION IS RECLASSIFIED by this amended complaint D from limited to unlimited D from unlimited to limited 1. Plaintiff (name or names): Gabriel Hernandez alleges causes of action against defendant (name or names): Joshua Feliz Soto and Does 1 to 25, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 6 3. Each plaintiff named above is a competent adult a. D except plaintiff (name): (1) D a corporation qualified to do business in California. (2) D an unincorporated entity (describe): (3) CJ a public entity (describe): (4) a minor D an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointe d. (b) D other (specify): (5) D other (specify): b. D except plaintiff (name): (1) CJ a corporation qualified to do business in California. (2) D an unincorporated entity (describe): (3) D a public entity (describe): (4) D a minor D 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. Page 1 of 3 Form Approved for Optional Use COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12 Judicial Council of California www.courts.ca.gov PLD-Pl-001 [Rev. January 1, 2024] Damage, Wrongful Death Westlaw Doc & Form Builder- PLD-Pl-001 T SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER: I I 4. CJ 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 a, D except defendant (name): c. D except defendant (name): (1) D a business organization, form unknown. (1) D a business organization, form unknown. (2) D a corporation. (2) D a corporation. (3) D an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) a public entity (describe): (4) D a public entity (describe): (5) other (specify): (5) D other (specify): b. D except defendant (name): d. D except defendant (name): (1) a business organization, form unknown. (1) D a business organization, form unknown. (2) D a corporation. (2) D a corporation. (3) an unincorporated entity (describe): (3) D an unincorporated entity (describe): (4) a public entity (describe): (4) D a public entity (describe): (5) D 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. [iJ Doe defendants (specify Doe numbers): 16 to 25 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. [iJ Doe defendants (specify Doe numbers): I to 24 are persons whose capacities are unknown to plaintiff. 7. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. D at least one defendant now resides in its jurisdictional area. b. D the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. [i] injury to person or damage to personal property occurred in its jurisdictional area. d. D other (specify): 9. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): PLD-Pl-001 [Rev. January 1, 2024] COMPLAINT-Personal Injury, Property Page 2 of3 Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER: 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. [xJ MotorVehicle b. IT] General Negligence c. D Intentional Tort d. D Products Liability e. D Premises Liability f. [xJ Other (specify): Exemplary Damages 11. Plaintiff has suffered (check all that apply) a. [xJ wage loss. b. [xJ loss of use of property. c. [xJ hospital and medical expenses. d. [xJ general damage. e. [xJ property damage. f. [xJ loss of earning capacity. g. D other damage (specify): 12. CJ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. D listed in Attachment 12. b. D 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) GJ compensatory damages. (2) GJ punitive damages. b. The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) GJ according to proof. (2) D in the amount of: $ 15. GJThe paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): GN-1; MV-1; MV-2(a-e); Exemplary Date: February 21, 2022 n Eauuccbi Edward- -· ··---- (TYPE OR PRINT NAME) ► (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-Pl-001 [Rev. January 1, 2024] COMPLAINT-Personal Injury, Property Page 3 ot 3 Damage, Wrongful Death PLD-Pl-001 (1) SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER: FIRST CAUSE OF ACTION-Motor Vehicle (n\Jmber) ATTACHMENT TO [xJ Complaint O Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name):Gabriel Hernandez 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): July 23, 2022 at (place): Northbound Highway 99 near its the Lerdo Exit, County of Kern, State of California. w MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Joshua Feliz Soto, and W Does to b. [iJ The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Joshua Feliz Soto, and [iJ Does to JO c. w The defendants who owned the motor vehicle which was operated with their permission are (names): Joshua Feliz Soto, and W Does --�--- 11 to ]5 d. [iJ The defendants who entrusted the motor vehicle are (names): Joshua Feliz Soto, and [xJ Does 16 to 20 e. [i] The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Joshua Feliz Soto, and Q Does ---21----- to 25 f. D The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are D listed in Attachment MV-2f D as follows: D Does to Page Page 1 of 1 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION-Motor Vehicle Code of Clvll Procedure 425.12 www.courtlnfo.ca.gov PLD-Pl-001(1 )[Rev. January 1, 2007) Westlaw Doc & Form Builder PLD-Pl-001 (2) SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER: SECOND CAUSE OF ACTION-General Negligence Page ---- 5 (number) ATTACHMENT TO [xJ Complaint CJ Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Gabriel Hernandez alleges that defendant (name): Joshua Feliz Soto, and W Does 1 to 25 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): July 23, 2022 at (place):Northbound Highway 99 near its the Lerdo Exit, County of Kern, State of California. (description of reasons for liability): 1. At the time and place aforesaid, Defendants, and each of them, so negligently, carelessly, recklessly, wantonly, and unlawfully drove, operated, maintained, conducted, controlled and entrusted said vehicle as to directly and proximately cause the same to collide with Plaintiff's vehicle then and there while being operated by Plaintiff as aforesaid. 2. As a direct and proximate result of the negligence, carelessness, recklessness, wantonness and unlawfulness of Defendants, and each of them, and the collision, as aforesaid, Plaintiff sustained severe and serious injury to his person, all to Plaintiff's damage in a sum within the jurisdiction of this Court and to be shown according to proof. 3. By reason of the foregoing, Plaintiff has been required to employ the services of hospitals, physicians, surgeons, nurses and other professional services and Plaintiff has been compelled to incur expenses for ambulance service, x-rays and other medical supplies and services. Plaintiff is informed and believes, and thereon alleges, that further services of said nature will be required by Plaintiff in an amount to be shown according to proof. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of Calffornla CAUSE OF ACTION-General Negligence www.courtinfo.ca,gov PLD-Pl-001 (2) (Rev. January 1, 20071 Westlaw Doc & Fom, Builder- PLD-Pl-001 (6) SHORT TITLE: Gabriel Hernandez v. Joshua Feliz Soto CASE NUMBER: Exemplary Damages Attachment Page ATTACHMENT TO [xJ Complaint O Cross - Complaint EX-1. As additional damages against defendant (name): Joshua Feliz Soto Plaintiff alleges defendant was guilty of [xJ malice D fraud [xJ oppression as defined in Civil Code section 3294, and plaintiff should recover, ln addition to actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiff's claim are as follows: Plaintiff, Gabriel Hernandez, incorporates by referenced each and every allegation set forth the First and Second Causes of Action, as though fully set forth herein. At all times mentioned herein Defendant, Joshua Feliz Soto, within the 24 hours prior to the subject incident ingested alcohol to a degree, over and above the legal limit, which impaired his ability to perceive and react and safely operate said vehicle. Despite the above referenced knowledge, Defendant, Joshua Feliz Soto, willfully and deliberately failed to avoid those consequences, ingested the alcohol in his body, thereafter driving said vehicle, causing it to collide with the vehicle occupied by plaintiff herein. Defendant, Joshua Feliz Soto's action and conduct was deliberate and/or in conscious disregard for the rights and safety of others, including Plaintiff herein. EX-3. The amount of exemplary damages sought is a. [xJ not shown, pursuant to Code of Civil Procedure section 425.10. b. D $ Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California Exemplary Damages Attachment www.covrtinfo.ca.gov PLD-Pl-001 (6) [Rev. January 1, 2007] Westlaw Doc & Form Builder"'