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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 283411 FOR COURT USE ONLY
NAME: Amanda C. Schuchhardt SBN# 312391
FIRM NAME: Phoong Law Corporation
STREET ADDRESS: 2725 Riverside Blvd
CITY: Sacramento, CA 95818 STATE: CA ZIP CODE: 95818
TELEPHONE NO.: 916-993-8220 FAX NO.: 916-758-2660
EMAIL ADDRESS: amanda@phoonglaw.com
ATTORNEY FOR (name): Lojon Antjuan Upshire
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
STREET ADDRESS: 720 9th St.
MAILING ADDRESS: Same As Above
CITY AND ZIP CODE: Sacramento, CA 95814
BRANCH NAME:
PLAINTIFF: Lojon Antjuan Upshire
DEFENDANT: Robert James Curry
DOES 1 TO 20
CASE NUMBER:
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
AMENDED (Number):
Type (check all that apply):
MOTOR VEHICLE OTHER (specify):
Property Damage Wrongful Death
Personal Injury Other Damages (specify):
Jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000)
Amount demanded does not exceed $10,000
exceeds $10,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000)
ACTION IS RECLASSIFIED by this amended complaint
from limited to unlimited
from unlimited to limited
1. Plaintiff (name or names): Lojon Antjuan Upshire
alleges causes of action against defendant (name or names):
Robert James Curry
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. Each plaintiff named above is a competent adult
a. except plaintiff (name):
(1) a corporation qualified to do business in California.
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor 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):
b. except plaintiff (name):
(1) a corporation qualified to do business in California.
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor 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):
Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12
www.courts.ca.gov
PLD-PI-001 [Rev. January 1, 2024] Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Upshire v. Curry
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
a. except defendant (name): c. except defendant (name):
(1) a business organization, form unknown. (1) a business organization, form unknown.
(2) a corporation. (2) a corporation.
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) 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) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
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. Doe defendants (specify Doe numbers): 1 to 10 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): 11 to 20 are persons whose capacities are unknown to
plaintiff.
7. Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. 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.
c. injury to person or damage to personal property occurred in its jurisdictional area.
d. other (specify):
9. Plaintiff is required to comply with a claims statute, and
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 2024] COMPLAINT—Personal Injury, Property Page 2 of 3
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Upshire v. Curry
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. Motor Vehicle
b. General Negligence
c. Intentional Tort
d. Products Liability
e. Premises Liability
f. Other (specify):
11. Plaintiff has suffered (check all that apply)
a. wage loss.
b. loss of use of property.
c. hospital and medical expenses.
d. general damage.
e. property damage.
f. loss of earning capacity.
g. other damage (specify):
Prejudgment Interest; Future Medical Expenses; Future Loss of Earnings; Future General Damages; Future Loss of
Earning Capacity
12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
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) compensatory damages.
(2) punitive damages.
b. The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) according to proof.
(2) in the amount of: $
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: 04/15/2024
Amanda C. Schuchhardt
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-001 [Rev. January 1, 2024] COMPLAINT—Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
PLD-PI-001(1)
SHORT TITLE: CASE NUMBER:
Upshire v. Curry
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): Lojon Antjuan Upshire
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): 02/08/2023
at (place):
Intersection of CA-16 and Murieta Pkwy, County of Sacramento, State of California.
MV- 2. DEFENDANTS
a. The defendants who operated a motor vehicle are (names):
Robert James Curry
Does 1 to 10
b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are
(names):
Unknown to Plaintiff at this time
Does 11 to 20
c. The defendants who owned the motor vehicle which was operated with their permission are (names):
Robert James Curry
Does 11 to 20
d. The defendants who entrusted the motor vehicle are (names):
Robert James Curry
Does 1 to 20
e. The defendants who were the agents and employees of the other defendants and acted within the scope of the
agency were (names):
Unknown to Plaintiff at this time
Does 1 to 10
f. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
listed in Attachment MV-2f as follows:
Does to
Page 4
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure 425.12
Judicial Council of California CAUSE OF ACTION—Motor Vehicle www.courts.ca.gov
PLD-PI-001(1) [Rev. January 1, 2007]
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
Upshire v. Curry
Second CAUSE OF ACTION—General Negligence Page 5
(number)
ATTACHMENT TO Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Lojon Antjuan Upshire
alleges that defendant (name): Robert James Curry
Does 1 to 20
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): 02/08/2023
at (place): Intersection of CA-16 and Murieta Pkwy, County of Sacramento, State of California.
(description of reasons for liability):
Plaintiff is informed, believes, and alleges that Defendant, Robert James Curry, carelessly and negligently operated his
vehicle, in his care, custody, and control in a reckless manner due to traversing into the opposite lane and colliding in the left
side of Plaintiff's vehicle. Defendant, Robert James Curry's negligence is the direct and proximate cause of the collision
which occurred on February 8, 2023, which caused Plaintiff's injuries alleged herein.
Plaintiff, Lojon Antjuan Upshire, was in a 2015 Chevrolet Camaro stopped eastbound on CA-16 in the left turning lane at the
intersection of CA-16 and Murieta Pkwy, County of Sacramento, State of California. When the Defendant, Robert James
Curry, negligently traveling westbound on CA-16 traversed into the left turning lane of the intersection and violently struck the
left side of Plaintiff's vehicle. The collision caused Plaintiff, Lojon Antjuan Upshire, to suffer personal injuries, emotional
distress, wage loss, and property damage.
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure 425.12
Judicial Council of California CAUSE OF ACTION—General Negligence www.courts.ca.gov
PLD-PI-001(2) [Rev. January 1, 2007]
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PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 283411 FOR COURT USE ONLY NAME: Amanda C. Schuchhardt SBN# 312391 FIRM NAME: Phoong Law Corporation STREET ADDRESS: 2725 Riverside Blvd CITY: Sacramento, CA 95818 STATE: CA ZIP CODE: 95818 TELEPHONE NO.: 916-993-8220 FAX NO.: 916-758-2660 EMAIL ADDRESS: amanda@phoonglaw.com ATTORNEY FOR (name): Lojon Antjuan Upshire SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS: 720 9th St. MAILING ADDRESS: Same As Above CITY AND ZIP CODE: Sacramento, CA 95814 BRANCH NAME: PLAINTIFF: Lojon Antjuan Upshire DEFENDANT: Robert James Curry DOES 1 TO 20 CASE NUMBER: COMPLAINT—Personal Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): MOTOR VEHICLE OTHER (specify): Property Damage Wrongful Death Personal Injury Other Damages (specify): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE (does not exceed $35,000) Amount demanded does not exceed $10,000 exceeds $10,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $35,000) ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited 1. Plaintiff (name or names): Lojon Antjuan Upshire alleges causes of action against defendant (name or names): Robert James Curry 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. except plaintiff (name): (1) a corporation qualified to do business in California. (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor 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): b. except plaintiff (name): (1) a corporation qualified to do business in California. (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor 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): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use Judicial Council of California COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12 www.courts.ca.gov PLD-PI-001 [Rev. January 1, 2024] Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Upshire v. Curry 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 a. except defendant (name): c. except defendant (name): (1) a business organization, form unknown. (1) a business organization, form unknown. (2) a corporation. (2) a corporation. (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) 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) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): 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. Doe defendants (specify Doe numbers): 1 to 10 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): 11 to 20 are persons whose capacities are unknown to plaintiff. 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. 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. c. injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): 9. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): PLD-PI-001 [Rev. January 1, 2024] COMPLAINT—Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Upshire v. Curry 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. Motor Vehicle b. General Negligence c. Intentional Tort d. Products Liability e. Premises Liability f. Other (specify): 11. Plaintiff has suffered (check all that apply) a. wage loss. b. loss of use of property. c. hospital and medical expenses. d. general damage. e. property damage. f. loss of earning capacity. g. other damage (specify): Prejudgment Interest; Future Medical Expenses; Future Loss of Earnings; Future General Damages; Future Loss of Earning Capacity 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are 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) compensatory damages. (2) punitive damages. b. The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof. (2) in the amount of: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: 04/15/2024 Amanda C. Schuchhardt (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2024] COMPLAINT—Personal Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-001(1) SHORT TITLE: CASE NUMBER: Upshire v. Curry 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): Lojon Antjuan Upshire 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): 02/08/2023 at (place): Intersection of CA-16 and Murieta Pkwy, County of Sacramento, State of California. MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Robert James Curry Does 1 to 10 b. The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Unknown to Plaintiff at this time Does 11 to 20 c. The defendants who owned the motor vehicle which was operated with their permission are (names): Robert James Curry Does 11 to 20 d. The defendants who entrusted the motor vehicle are (names): Robert James Curry Does 1 to 20 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Unknown to Plaintiff at this time Does 1 to 10 f. The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f as follows: Does to Page 4 Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTION—Motor Vehicle www.courts.ca.gov PLD-PI-001(1) [Rev. January 1, 2007] PLD-PI-001(2) SHORT TITLE: CASE NUMBER: Upshire v. Curry Second CAUSE OF ACTION—General Negligence Page 5 (number) ATTACHMENT TO Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Lojon Antjuan Upshire alleges that defendant (name): Robert James Curry Does 1 to 20 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): 02/08/2023 at (place): Intersection of CA-16 and Murieta Pkwy, County of Sacramento, State of California. (description of reasons for liability): Plaintiff is informed, believes, and alleges that Defendant, Robert James Curry, carelessly and negligently operated his vehicle, in his care, custody, and control in a reckless manner due to traversing into the opposite lane and colliding in the left side of Plaintiff's vehicle. Defendant, Robert James Curry's negligence is the direct and proximate cause of the collision which occurred on February 8, 2023, which caused Plaintiff's injuries alleged herein. Plaintiff, Lojon Antjuan Upshire, was in a 2015 Chevrolet Camaro stopped eastbound on CA-16 in the left turning lane at the intersection of CA-16 and Murieta Pkwy, County of Sacramento, State of California. When the Defendant, Robert James Curry, negligently traveling westbound on CA-16 traversed into the left turning lane of the intersection and violently struck the left side of Plaintiff's vehicle. The collision caused Plaintiff, Lojon Antjuan Upshire, to suffer personal injuries, emotional distress, wage loss, and property damage. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTION—General Negligence www.courts.ca.gov PLD-PI-001(2) [Rev. January 1, 2007]