Preview
1 Omid Razi, Esq. SBN: 223959
Amir Aghnami, Esq. SBN: 340922
2 RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
3
Beverly Hills, California 90211
4 Tel: (323) 653-4444
Fax: (323) 653-4445
5
6 Attorneys for Plaintiff, RAUL GONZALEZ
ANAVISCA
7
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
8
9 COUNTY OF ALAMEDA
10
11 RAUL GONZALEZ ANASVISCA, an CASE NO.:
individual;,
12
COMPLAINT FOR DAMAGES:
Beverly Hills, California 90211
13 Plaintiff,
RAZI LAW GROUP, APLC
1. NEGLIGENCE
8666 Wilshire Blvd.
14 vs.
2. NEGLIGENT HIRING
15 MICHAEL ALLEN DENISON, an SUPERVISION AND RETENTION
individual; BAY ADVANCED
16
TECHNOLOGIES, LLC, a Limited Liability
17 Company; APPLIED INDUSTRIAL
TECHNOLOGIES, INC., a corporation;
18 DOES 1 through 50, inclusive.
19 Defendants.
20
21 COMES NOW Plaintiff RAUL GONZALEZ ANAVISCA, who respectfully alleges
22 the following:
23 GENERAL ASSERTIONS
24 1. This is an action for personal injury arising out of the actions of the Defendants,
25 which occurred on or about June 14, 2022 and which proximately caused serious injury to
26 Plaintiff. The negligent acts and omissions of the Defendants as herein alleged took place in or
27 about the city of Hayward, in the County of Alameda, State of California. Accordingly, venue
28 within this judicial district is proper.
1
COMPLAINT FOR DAMAGES
1 2. At all times relevant herein, Plaintiff RAUL GONZALEZ ANAVISCA was a
2 resident of the City of Oakland, County of Alameda, State of California.
3 3. Plaintiff is informed and believes, and based upon such information and belief
4 alleges that at all times relevant herein, Defendant MICHAEL ALLEN DENISON was an
5 individual over the age of 18 and a resident of Fremont, County of Alameda, California.
6 4. Plaintiff is informed and believes, and based upon such information and belief
7 alleges that at all times relevant herein, Defendant BAY ADVANCED TECHNOLOGIES,
8 LLC was a Company authorized to do business in, and doing business in, the City of Newark,
9 County of Alameda, State of California.
10 5. Plaintiff is informed and believes, and based upon such information and belief
11 alleges that at all times relevant herein, Defendant APPLIED INDUSTRIAL
12 TECHNOLOGIES, INC. was a Company authorized to do business in, and doing business in,
Beverly Hills, California 90211
13 the City of Sacramento , County of Sacramento, State of California.
RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
14 6. The true names and/or capacities, whether individual, corporate, associate or
15 otherwise of the Defendants DOES 1 through 50, inclusive, and each of them, are unknown to
16 Plaintiff who therefore sues said Defendants by such fictitious names pursuant to Code of Civil
17 Procedure § 474. Plaintiff is informed and believes and thereon alleges that each of these
18 Defendants fictitiously named herein as a DOE is legally responsible, negligent or in some
19 other actionable manner liable for the events and happenings hereinafter referred to, and
20 proximately and legally caused the injuries to Plaintiff as hereinafter alleged. Plaintiff will
21 seek leave of the Court to amend this Complaint to insert the true names and/or capacities of
22 such fictitiously-named Defendants when the same has been ascertained.
23 7. Plaintiff is informed and believes, and based upon such information and belief
24 alleges that at all times relevant hereto, each Defendant, including DOES 1 through 50, was the
25 owner, servant, agent, joint-venturer, employee or employer of each of its co-Defendants, and
26 in doing the acts hereinafter mentioned, each Defendant was acting within the scope of its
27 authority and with the permission and consent of its co-Defendants, and each of them, and that
28 said acts of each Defendant was ratified by said Defendant's co-Defendants, and each of them
2
COMPLAINT FOR DAMAGES
1 and every Defendant, as aforesaid, when acting as a principal, was negligent in the selection
2 and hiring of each and every other Defendant as an agent, employee and/or joint venturer.
3 8. Plaintiff is informed and believes, and based upon such information and belief
4 alleges that all of the acts, conduct, and nonfeasance herein carried out by each and every
5 representative, employee or agent of each and every corporate or business defendant, were
6 authorized, ordered, and directed by the respective defendant’s corporate or business
7 employers, officers, directors and/or managing agents; that in addition thereto, said corporate
8 or business employers, officers, directors and/or managing agents had advance knowledge of,
9 authorized, and participated in the herein described acts, conduct and nonfeasance of their
10 representatives, employees, agents and each of them; and that in addition thereto, upon the
11 completion of the aforesaid acts, conduct and nonfeasance of the employees and agents, the
12 aforesaid corporate and business employers, officers, directors and/or managing agents
Beverly Hills, California 90211
13 respectively ratified, accepted the benefits of, condoned and approved of each and all of said
RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
14 acts, conduct or nonfeasance of their co-employees, employers, and agents. In addition, at all
15 times herein relevant, each defendant, whether named herein or designated as a DOE, was a
16 principal, master, employer and joint venturer or every other defendant, and every defendant
17 was acting within the scope of said agency authority, employment and joint venture.
18 9. On or about June 14, 2022, Plaintiff RAUL GONZALEZ ANAVISCA was
19 traveling Southbound along I-880.
20 10. At the same time, Defendant MICHAEL ALLEN DENISON was also traveling
21 Southbound along I-880 behind the Plaintiff. Defendant MICHAEL ALLEN DENISON failed
22 to exercise reasonable care in the use of Defendant’s vehicle and drove the vehicle at a speed
23 greater than reasonable under the circumstances. As a result, Defendant MICHAEL ALLEN
24 DENISON struck the Plaintiff's vehicle from behind, thereby causing significant injury to the
25 Plaintiff.
26 ///
27 ///
28 ///
3
COMPLAINT FOR DAMAGES
1 FIRST CAUSE OF ACTION
2 Negligence
3 [Against All Defendants]
4 11. Plaintiff incorporates herein by reference, as though fully set forth at length,
5 each and every allegation and statement contained in the preceding and subsequent paragraphs,
6 inclusive, of the General Assertions above and the Second Cause of Action.
7 12. Plaintiff is informed and believes, and based upon such information and belief
8 alleges that on the above date and time, Defendants MICHAEL ALLEN DENISON and DOES
9 1 to 50, inclusive and each of them, failed to operate their vehicle in a safe or reasonable
10 manner by rear-ending the Plaintiff's vehicle.
11 13. Moreover, Plaintiff is informed and believes, and based upon such information
12 and belief alleges that Defendants MICHAEL ALLEN DENISON and DOES 1 to 50, inclusive
Beverly Hills, California 90211
13 and each of them, negligently failed to exercise due care preceding the subject collision, failed
RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
14 to maintain a reasonable following distance, operated their vehicle at a speed in excess of the
15 reasonable speed under the circumstances, failed to perceive and/or take into consideration the
16 other vehicles on the roadway, and were inattentive at the time of the collision. As a result of
17 Defendant’s failure to exercise reasonable care, the vehicle driven by Defendant collided with
18 Plaintiff's vehicle causing injuries to Plaintiff and Plaintiff's property.
19 14. Plaintiff is informed and believes, and based upon such information and belief
20 alleges that Defendant MICHAEL ALLEN DENISON failed to properly check for the
21 presence of other vehicles on the roadway and failed to operate the Defendant’s vehicle at a
22 reasonably safe speed based upon the condition of the roadway. Further, Defendant
23 MICHAEL ALLEN DENISON knew, or in the exercise of reasonable care should have
24 known, that failing to perform the above referenced tasks created an unreasonable risk of injury
25 to the Plaintiff and others similarly situated.
26 15. Further, Plaintiff is informed and believes, and based upon such information and
27 belief alleges that Defendant MICHAEL ALLEN DENISON was operating the subject vehicle
28 with the express or implied authority and permission of Defendant BAY ADVANCED
4
COMPLAINT FOR DAMAGES
1 TECHNOLOGIES, LLC, as an agent or employee of Defendant BAY ADVANCED
2 TECHNOLOGIES, LLC, and within the course and scope of his agency or employment with
3 Defendant BAY ADVANCED TECHNOLOGIES, LLC. Further, Defendant BAY
4 ADVANCED TECHNOLOGIES, LLC knew or should have known that Defendant
5 MICHAEL ALLEN DENISON was unfit to operate the subject vehicle and was therefore
6 negligent in hiring, retaining, training, and entrusting the subject vehicle to Defendant
7 MICHAEL ALLEN DENISON.
8 16. Further, Plaintiff is informed and believes, and based upon such information and
9 belief alleges that Defendant MICHAEL ALLEN DENISON was operating the subject vehicle
10 with the express or implied authority and permission of Defendant APPLIED INDUSTRIAL
11 TECHNOLOGIES, INC. , as an agent or employee of Defendant APPLIED INDUSTRIAL
12 TECHNOLOGIES, INC. , and within the course and scope of his agency or employment with
Beverly Hills, California 90211
13 Defendant APPLIED INDUSTRIAL TECHNOLOGIES, INC. . Further, Defendant APPLIED
RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
14 INDUSTRIAL TECHNOLOGIES, INC. knew or should have known that Defendant
15 MICHAEL ALLEN DENISON was unfit to operate the subject vehicle and was therefore
16 negligent in hiring, retaining, training, and entrusting the subject vehicle to Defendant
17 MICHAEL ALLEN DENISON.
18 17. As a direct, legal, and proximate result of the negligent acts and/or omissions of
19 Defendants MICHAEL ALLEN DENISON, BAY ADVANCED TECHNOLOGIES, LLC,
20 APPLIED INDUSTRIAL TECHNOLOGIES, INC. , and DOES 1 through 50, inclusive and
21 each of them, Plaintiff suffered severe injuries and attendant damages.
22 18. California Vehicle Code § 21703 is a statute enacted to protect, among others,
23 motorists on California highways and streets from collisions arising from rear-end collisions.
24 California Vehicle Code § 21703 states in pertinent part that “[t]he driver of a motor vehicle
25 shall not follow another vehicle more closely than is reasonable and prudent, having due regard
26 for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”
27 19. Plaintiff is informed and believes, and based upon such information and belief
28 alleges that Defendant MICHAEL ALLEN DENISON, and DOES 1 through 50, inclusive,
5
COMPLAINT FOR DAMAGES
1 violated the provisions of Vehicle Code § 21703 by following the Plaintiff's vehicle too closely
2 under the conditions and failing to maintain a safe following distance.
3 20. Plaintiff is informed and believes, and based upon such information and belief
4 alleges that the violation of California Vehicle Code § 21703 by Defendant MICHAEL
5 ALLEN DENISON was a substantial factor in causing the subject collision and the Plaintiff's
6 injuries.
7 21. California Vehicle Code § 22350 is a statute enacted to protect, among others,
8 motorists on California highways from collisions arising from people driving and operating
9 motor vehicles in excess of the posted speed limits and at speeds unreasonable under the
10 conditions. California Vehicle Code § 22350 states in pertinent part: “No person shall drive a
11 vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for
12 weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at
Beverly Hills, California 90211
13 a speed which endangers the safety of persons or property.”
RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
14 22. Plaintiff is informed and believes, and based upon such information and belief
15 alleges that Defendants MICHAEL ALLEN DENISON and DOES 1 through 50, inclusive and
16 each of them, violated California Vehicle Code § 22350 by traveling too fast for road
17 conditions and striking the Plaintiff's vehicle.
18 23. Plaintiff is informed and believes, and based upon such information and belief
19 alleges that the violation of California Vehicle Code § 22350 by Defendant MICHAEL
20 ALLEN DENISON was a substantial factor in causing Plaintiff’s injuries.
21 24. Plaintiff is informed and believes, and based upon such information and belief
22 alleges that Defendant MICHAEL ALLEN DENISON, was per se negligent for driving in
23 violation of, including but not limited to, California Vehicle Code §§ 21703, and 22350, at the
24 time of the aforementioned incident.
25 25. Plaintiff is informed and believes, and based upon such information and belief
26 alleges that at all times herein mentioned the Plaintiff was a member of the class of persons
27 designed to be protected by the aforementioned vehicle code sections, that the subject collision
28 was within the class of risks for which the aforementioned vehicle code sections was enacted
6
COMPLAINT FOR DAMAGES
1 to protect against, that Defendant MICHAEL ALLEN DENISON’s violation of said vehicle
2 code sections was inexcusable, and that the violation of said vehicle codes was a direct, legal,
3 and proximate cause of the injuries and damages complained of herein.
4 SECOND CAUSE OF ACTION
5 Negligent Hiring, Supervision, and Retention
6 [Against Bay Advanced Technologies, LLC and Applied Industrial Technologies, Inc. and
7 DOES 1 Through 50]
8 26. Plaintiff incorporates herein by reference, as though fully set forth at length,
9 each and every allegation and statement contained in the preceding paragraphs, inclusive, of
10 the General Assertions and the First Cause of Action above.
11 27. Plaintiff are informed and believe and thereupon allege that at all times
12 mentioned herein, Defendants BAY ADVANCED TECHNOLOGIES, LLC and APPLIED
Beverly Hills, California 90211
13 INDUTRIAL TECHNOLOGIES, INC. and DOES 1 through 50, inclusive and each of them,
RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
14 hired, retained, employed, and/or contracted with agents, employees, and/or co-ventures,
15 including defendant MICHAEL ALLEN DENISON to manage, control, and operate a vehicle
16 on their behalf.
17 28. Plaintiffs are informed and believe, and thereupon allege that, at all times
18 mentioned herein, defendants BAY ADVANCED TECHNOLOGIES, LLC and APPLIED
19 INDUTRIAL TECHNOLOGIES, INC. and DOES 1 through 50, inclusive, and each of them,
20 knew, or from facts known to them should have known, or from facts ascertainable through the
21 exercise of reasonable care should have known, that said employee, agents, and/or co-
22 venturers, including defendant MICHAEL ALLEN DENISON, were reckless, negligent and
23 unreliable, and said defendants hired, employed, contracted with and/or retained said
24 employee, agents, and/or co-venturers, including defendant MICHAEL ALLEN DENISON,
25 despite such knowledge of these facts.
26 29. As a direct, legal, and proximate result of the negligent acts and/or omissions of
27 Defendants MICHAEL ALLEN DENISON, BAY ADVANCED TECHNOLOGIES, LLC,
28
7
COMPLAINT FOR DAMAGES
1 APPLIED INDUSTRIAL TECHNOLOGIES, INC. , and DOES 1 through 50, inclusive and
2 each of them, Plaintiff suffered severe injuries and attendant damages.
3 30. As a further direct, legal and proximate result of the combined and concurrent
4 wrongful conduct of all of the Defendants, Plaintiff suffered and sustained loss and damages
5 within the jurisdiction of the Superior Court of California, including, but not limited to severe
6 and permanent injury to the body and nervous system of Plaintiff.
7 31. In addition, as a direct, legal, and proximate result of the combined and
8 concurrent wrongful acts of the Defendants, Plaintiff suffered and sustained the following loss
9 and damages within the jurisdiction of the Superior Court of California.
10 a. Medical, ambulance and incidental expenses, in an amount to be established at
11 the time of trial according to proof;
12 b. Economic loss, including but not limited to loss of wages and salary expectancy
Beverly Hills, California 90211
13 in an amount to be established at the time of trial according to proof;
RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
14 c. Loss or damage to tangible personal property, in an amount to be established at
15 the time of trial according to proof; and
16 d. Pre-trial interest, in an amount to be established at the time of trial according to
17 proof.
18
19 WHEREFORE, Plaintiff RAUL GONZALEZ ANAVISCA hereby prays for judgment
20 against all Defendants and each of them as follows:
21 1. For repayment of all special damages incurred, including, but not limited to all
22 past and future wage loss, hospital and medical expenses.
23 2. For all general damages according to proof.
24 3. For all prejudgment interest as allowed by law.
25 4. For costs of suit incurred herein.
26 5. For such other and further relief as the Court deems just and proper.
27 ///
28 ///
8
COMPLAINT FOR DAMAGES
1 DATED: May 30, 2024 RAZI LAW GROUP, APLC
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By:
4 Amir Aghnami, Esq.
Attorneys for Plaintiff
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Beverly Hills, California 90211
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RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
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COMPLAINT FOR DAMAGES
1 DEMAND FOR JURY TRIAL
2 Plaintiff demands a trial by jury in this action.
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4 DATED: May 30, 2024 RAZI LAW GROUP, APLC
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By:
7 Amir Aghnami, Esq.
Attorneys for Plaintiff
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Beverly Hills, California 90211
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RAZI LAW GROUP, APLC
8666 Wilshire Blvd.
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COMPLAINT FOR DAMAGES
Preview
1 Omid Razi, Esq. SBN: 223959 Amir Aghnami, Esq. SBN: 340922 2 RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 3 Beverly Hills, California 90211 4 Tel: (323) 653-4444 Fax: (323) 653-4445 5 6 Attorneys for Plaintiff, RAUL GONZALEZ ANAVISCA 7 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 8 9 COUNTY OF ALAMEDA 10 11 RAUL GONZALEZ ANASVISCA, an CASE NO.: individual;, 12 COMPLAINT FOR DAMAGES: Beverly Hills, California 90211 13 Plaintiff, RAZI LAW GROUP, APLC 1. NEGLIGENCE 8666 Wilshire Blvd. 14 vs. 2. NEGLIGENT HIRING 15 MICHAEL ALLEN DENISON, an SUPERVISION AND RETENTION individual; BAY ADVANCED 16 TECHNOLOGIES, LLC, a Limited Liability 17 Company; APPLIED INDUSTRIAL TECHNOLOGIES, INC., a corporation; 18 DOES 1 through 50, inclusive. 19 Defendants. 20 21 COMES NOW Plaintiff RAUL GONZALEZ ANAVISCA, who respectfully alleges 22 the following: 23 GENERAL ASSERTIONS 24 1. This is an action for personal injury arising out of the actions of the Defendants, 25 which occurred on or about June 14, 2022 and which proximately caused serious injury to 26 Plaintiff. The negligent acts and omissions of the Defendants as herein alleged took place in or 27 about the city of Hayward, in the County of Alameda, State of California. Accordingly, venue 28 within this judicial district is proper. 1 COMPLAINT FOR DAMAGES 1 2. At all times relevant herein, Plaintiff RAUL GONZALEZ ANAVISCA was a 2 resident of the City of Oakland, County of Alameda, State of California. 3 3. Plaintiff is informed and believes, and based upon such information and belief 4 alleges that at all times relevant herein, Defendant MICHAEL ALLEN DENISON was an 5 individual over the age of 18 and a resident of Fremont, County of Alameda, California. 6 4. Plaintiff is informed and believes, and based upon such information and belief 7 alleges that at all times relevant herein, Defendant BAY ADVANCED TECHNOLOGIES, 8 LLC was a Company authorized to do business in, and doing business in, the City of Newark, 9 County of Alameda, State of California. 10 5. Plaintiff is informed and believes, and based upon such information and belief 11 alleges that at all times relevant herein, Defendant APPLIED INDUSTRIAL 12 TECHNOLOGIES, INC. was a Company authorized to do business in, and doing business in, Beverly Hills, California 90211 13 the City of Sacramento , County of Sacramento, State of California. RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 6. The true names and/or capacities, whether individual, corporate, associate or 15 otherwise of the Defendants DOES 1 through 50, inclusive, and each of them, are unknown to 16 Plaintiff who therefore sues said Defendants by such fictitious names pursuant to Code of Civil 17 Procedure § 474. Plaintiff is informed and believes and thereon alleges that each of these 18 Defendants fictitiously named herein as a DOE is legally responsible, negligent or in some 19 other actionable manner liable for the events and happenings hereinafter referred to, and 20 proximately and legally caused the injuries to Plaintiff as hereinafter alleged. Plaintiff will 21 seek leave of the Court to amend this Complaint to insert the true names and/or capacities of 22 such fictitiously-named Defendants when the same has been ascertained. 23 7. Plaintiff is informed and believes, and based upon such information and belief 24 alleges that at all times relevant hereto, each Defendant, including DOES 1 through 50, was the 25 owner, servant, agent, joint-venturer, employee or employer of each of its co-Defendants, and 26 in doing the acts hereinafter mentioned, each Defendant was acting within the scope of its 27 authority and with the permission and consent of its co-Defendants, and each of them, and that 28 said acts of each Defendant was ratified by said Defendant's co-Defendants, and each of them 2 COMPLAINT FOR DAMAGES 1 and every Defendant, as aforesaid, when acting as a principal, was negligent in the selection 2 and hiring of each and every other Defendant as an agent, employee and/or joint venturer. 3 8. Plaintiff is informed and believes, and based upon such information and belief 4 alleges that all of the acts, conduct, and nonfeasance herein carried out by each and every 5 representative, employee or agent of each and every corporate or business defendant, were 6 authorized, ordered, and directed by the respective defendant’s corporate or business 7 employers, officers, directors and/or managing agents; that in addition thereto, said corporate 8 or business employers, officers, directors and/or managing agents had advance knowledge of, 9 authorized, and participated in the herein described acts, conduct and nonfeasance of their 10 representatives, employees, agents and each of them; and that in addition thereto, upon the 11 completion of the aforesaid acts, conduct and nonfeasance of the employees and agents, the 12 aforesaid corporate and business employers, officers, directors and/or managing agents Beverly Hills, California 90211 13 respectively ratified, accepted the benefits of, condoned and approved of each and all of said RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 acts, conduct or nonfeasance of their co-employees, employers, and agents. In addition, at all 15 times herein relevant, each defendant, whether named herein or designated as a DOE, was a 16 principal, master, employer and joint venturer or every other defendant, and every defendant 17 was acting within the scope of said agency authority, employment and joint venture. 18 9. On or about June 14, 2022, Plaintiff RAUL GONZALEZ ANAVISCA was 19 traveling Southbound along I-880. 20 10. At the same time, Defendant MICHAEL ALLEN DENISON was also traveling 21 Southbound along I-880 behind the Plaintiff. Defendant MICHAEL ALLEN DENISON failed 22 to exercise reasonable care in the use of Defendant’s vehicle and drove the vehicle at a speed 23 greater than reasonable under the circumstances. As a result, Defendant MICHAEL ALLEN 24 DENISON struck the Plaintiff's vehicle from behind, thereby causing significant injury to the 25 Plaintiff. 26 /// 27 /// 28 /// 3 COMPLAINT FOR DAMAGES 1 FIRST CAUSE OF ACTION 2 Negligence 3 [Against All Defendants] 4 11. Plaintiff incorporates herein by reference, as though fully set forth at length, 5 each and every allegation and statement contained in the preceding and subsequent paragraphs, 6 inclusive, of the General Assertions above and the Second Cause of Action. 7 12. Plaintiff is informed and believes, and based upon such information and belief 8 alleges that on the above date and time, Defendants MICHAEL ALLEN DENISON and DOES 9 1 to 50, inclusive and each of them, failed to operate their vehicle in a safe or reasonable 10 manner by rear-ending the Plaintiff's vehicle. 11 13. Moreover, Plaintiff is informed and believes, and based upon such information 12 and belief alleges that Defendants MICHAEL ALLEN DENISON and DOES 1 to 50, inclusive Beverly Hills, California 90211 13 and each of them, negligently failed to exercise due care preceding the subject collision, failed RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 to maintain a reasonable following distance, operated their vehicle at a speed in excess of the 15 reasonable speed under the circumstances, failed to perceive and/or take into consideration the 16 other vehicles on the roadway, and were inattentive at the time of the collision. As a result of 17 Defendant’s failure to exercise reasonable care, the vehicle driven by Defendant collided with 18 Plaintiff's vehicle causing injuries to Plaintiff and Plaintiff's property. 19 14. Plaintiff is informed and believes, and based upon such information and belief 20 alleges that Defendant MICHAEL ALLEN DENISON failed to properly check for the 21 presence of other vehicles on the roadway and failed to operate the Defendant’s vehicle at a 22 reasonably safe speed based upon the condition of the roadway. Further, Defendant 23 MICHAEL ALLEN DENISON knew, or in the exercise of reasonable care should have 24 known, that failing to perform the above referenced tasks created an unreasonable risk of injury 25 to the Plaintiff and others similarly situated. 26 15. Further, Plaintiff is informed and believes, and based upon such information and 27 belief alleges that Defendant MICHAEL ALLEN DENISON was operating the subject vehicle 28 with the express or implied authority and permission of Defendant BAY ADVANCED 4 COMPLAINT FOR DAMAGES 1 TECHNOLOGIES, LLC, as an agent or employee of Defendant BAY ADVANCED 2 TECHNOLOGIES, LLC, and within the course and scope of his agency or employment with 3 Defendant BAY ADVANCED TECHNOLOGIES, LLC. Further, Defendant BAY 4 ADVANCED TECHNOLOGIES, LLC knew or should have known that Defendant 5 MICHAEL ALLEN DENISON was unfit to operate the subject vehicle and was therefore 6 negligent in hiring, retaining, training, and entrusting the subject vehicle to Defendant 7 MICHAEL ALLEN DENISON. 8 16. Further, Plaintiff is informed and believes, and based upon such information and 9 belief alleges that Defendant MICHAEL ALLEN DENISON was operating the subject vehicle 10 with the express or implied authority and permission of Defendant APPLIED INDUSTRIAL 11 TECHNOLOGIES, INC. , as an agent or employee of Defendant APPLIED INDUSTRIAL 12 TECHNOLOGIES, INC. , and within the course and scope of his agency or employment with Beverly Hills, California 90211 13 Defendant APPLIED INDUSTRIAL TECHNOLOGIES, INC. . Further, Defendant APPLIED RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 INDUSTRIAL TECHNOLOGIES, INC. knew or should have known that Defendant 15 MICHAEL ALLEN DENISON was unfit to operate the subject vehicle and was therefore 16 negligent in hiring, retaining, training, and entrusting the subject vehicle to Defendant 17 MICHAEL ALLEN DENISON. 18 17. As a direct, legal, and proximate result of the negligent acts and/or omissions of 19 Defendants MICHAEL ALLEN DENISON, BAY ADVANCED TECHNOLOGIES, LLC, 20 APPLIED INDUSTRIAL TECHNOLOGIES, INC. , and DOES 1 through 50, inclusive and 21 each of them, Plaintiff suffered severe injuries and attendant damages. 22 18. California Vehicle Code § 21703 is a statute enacted to protect, among others, 23 motorists on California highways and streets from collisions arising from rear-end collisions. 24 California Vehicle Code § 21703 states in pertinent part that “[t]he driver of a motor vehicle 25 shall not follow another vehicle more closely than is reasonable and prudent, having due regard 26 for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” 27 19. Plaintiff is informed and believes, and based upon such information and belief 28 alleges that Defendant MICHAEL ALLEN DENISON, and DOES 1 through 50, inclusive, 5 COMPLAINT FOR DAMAGES 1 violated the provisions of Vehicle Code § 21703 by following the Plaintiff's vehicle too closely 2 under the conditions and failing to maintain a safe following distance. 3 20. Plaintiff is informed and believes, and based upon such information and belief 4 alleges that the violation of California Vehicle Code § 21703 by Defendant MICHAEL 5 ALLEN DENISON was a substantial factor in causing the subject collision and the Plaintiff's 6 injuries. 7 21. California Vehicle Code § 22350 is a statute enacted to protect, among others, 8 motorists on California highways from collisions arising from people driving and operating 9 motor vehicles in excess of the posted speed limits and at speeds unreasonable under the 10 conditions. California Vehicle Code § 22350 states in pertinent part: “No person shall drive a 11 vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for 12 weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at Beverly Hills, California 90211 13 a speed which endangers the safety of persons or property.” RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 22. Plaintiff is informed and believes, and based upon such information and belief 15 alleges that Defendants MICHAEL ALLEN DENISON and DOES 1 through 50, inclusive and 16 each of them, violated California Vehicle Code § 22350 by traveling too fast for road 17 conditions and striking the Plaintiff's vehicle. 18 23. Plaintiff is informed and believes, and based upon such information and belief 19 alleges that the violation of California Vehicle Code § 22350 by Defendant MICHAEL 20 ALLEN DENISON was a substantial factor in causing Plaintiff’s injuries. 21 24. Plaintiff is informed and believes, and based upon such information and belief 22 alleges that Defendant MICHAEL ALLEN DENISON, was per se negligent for driving in 23 violation of, including but not limited to, California Vehicle Code §§ 21703, and 22350, at the 24 time of the aforementioned incident. 25 25. Plaintiff is informed and believes, and based upon such information and belief 26 alleges that at all times herein mentioned the Plaintiff was a member of the class of persons 27 designed to be protected by the aforementioned vehicle code sections, that the subject collision 28 was within the class of risks for which the aforementioned vehicle code sections was enacted 6 COMPLAINT FOR DAMAGES 1 to protect against, that Defendant MICHAEL ALLEN DENISON’s violation of said vehicle 2 code sections was inexcusable, and that the violation of said vehicle codes was a direct, legal, 3 and proximate cause of the injuries and damages complained of herein. 4 SECOND CAUSE OF ACTION 5 Negligent Hiring, Supervision, and Retention 6 [Against Bay Advanced Technologies, LLC and Applied Industrial Technologies, Inc. and 7 DOES 1 Through 50] 8 26. Plaintiff incorporates herein by reference, as though fully set forth at length, 9 each and every allegation and statement contained in the preceding paragraphs, inclusive, of 10 the General Assertions and the First Cause of Action above. 11 27. Plaintiff are informed and believe and thereupon allege that at all times 12 mentioned herein, Defendants BAY ADVANCED TECHNOLOGIES, LLC and APPLIED Beverly Hills, California 90211 13 INDUTRIAL TECHNOLOGIES, INC. and DOES 1 through 50, inclusive and each of them, RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 hired, retained, employed, and/or contracted with agents, employees, and/or co-ventures, 15 including defendant MICHAEL ALLEN DENISON to manage, control, and operate a vehicle 16 on their behalf. 17 28. Plaintiffs are informed and believe, and thereupon allege that, at all times 18 mentioned herein, defendants BAY ADVANCED TECHNOLOGIES, LLC and APPLIED 19 INDUTRIAL TECHNOLOGIES, INC. and DOES 1 through 50, inclusive, and each of them, 20 knew, or from facts known to them should have known, or from facts ascertainable through the 21 exercise of reasonable care should have known, that said employee, agents, and/or co- 22 venturers, including defendant MICHAEL ALLEN DENISON, were reckless, negligent and 23 unreliable, and said defendants hired, employed, contracted with and/or retained said 24 employee, agents, and/or co-venturers, including defendant MICHAEL ALLEN DENISON, 25 despite such knowledge of these facts. 26 29. As a direct, legal, and proximate result of the negligent acts and/or omissions of 27 Defendants MICHAEL ALLEN DENISON, BAY ADVANCED TECHNOLOGIES, LLC, 28 7 COMPLAINT FOR DAMAGES 1 APPLIED INDUSTRIAL TECHNOLOGIES, INC. , and DOES 1 through 50, inclusive and 2 each of them, Plaintiff suffered severe injuries and attendant damages. 3 30. As a further direct, legal and proximate result of the combined and concurrent 4 wrongful conduct of all of the Defendants, Plaintiff suffered and sustained loss and damages 5 within the jurisdiction of the Superior Court of California, including, but not limited to severe 6 and permanent injury to the body and nervous system of Plaintiff. 7 31. In addition, as a direct, legal, and proximate result of the combined and 8 concurrent wrongful acts of the Defendants, Plaintiff suffered and sustained the following loss 9 and damages within the jurisdiction of the Superior Court of California. 10 a. Medical, ambulance and incidental expenses, in an amount to be established at 11 the time of trial according to proof; 12 b. Economic loss, including but not limited to loss of wages and salary expectancy Beverly Hills, California 90211 13 in an amount to be established at the time of trial according to proof; RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 c. Loss or damage to tangible personal property, in an amount to be established at 15 the time of trial according to proof; and 16 d. Pre-trial interest, in an amount to be established at the time of trial according to 17 proof. 18 19 WHEREFORE, Plaintiff RAUL GONZALEZ ANAVISCA hereby prays for judgment 20 against all Defendants and each of them as follows: 21 1. For repayment of all special damages incurred, including, but not limited to all 22 past and future wage loss, hospital and medical expenses. 23 2. For all general damages according to proof. 24 3. For all prejudgment interest as allowed by law. 25 4. For costs of suit incurred herein. 26 5. For such other and further relief as the Court deems just and proper. 27 /// 28 /// 8 COMPLAINT FOR DAMAGES 1 DATED: May 30, 2024 RAZI LAW GROUP, APLC 2 3 By: 4 Amir Aghnami, Esq. Attorneys for Plaintiff 5 6 7 8 9 10 11 12 Beverly Hills, California 90211 13 RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 COMPLAINT FOR DAMAGES 1 DEMAND FOR JURY TRIAL 2 Plaintiff demands a trial by jury in this action. 3 4 DATED: May 30, 2024 RAZI LAW GROUP, APLC 5 6 By: 7 Amir Aghnami, Esq. Attorneys for Plaintiff 8 9 10 11 12 Beverly Hills, California 90211 13 RAZI LAW GROUP, APLC 8666 Wilshire Blvd. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 COMPLAINT FOR DAMAGES