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1 Christopher Goodroe, Esq. SBN 224386
2 WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
3 Los Angeles, California 90010
Tel: (213) 381-9988
4 Fax: (213) 381-9989
Email: Lit@wilshirelawfirm.com
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Attorneys for Plaintiffs,
6 MICHAEL CASTILLO, ISRAEL CASTILLO,
7 MARK CASTILLO
8
9 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
10 COUNTY OF MONTEREY
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12 MICHAEL CASTILLO, individually and as CASE NO.:
successor in interest to MIKE ANTONIO
3055 Wilshire Blvd, 12th Floor
CASTILLO, Decedent; ISRAEL COMPLAINT FOR DAMAGES:
Los Angeles, CA 90010-1137
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WILSHIRE LAW FIRM, PLC
CASTILLO, individually and as successor in
14 interest to MIKE ANTONIO CASTILLO, 1. NEGLIGENCE
Decedent; MARK CASTILLO, individually 2. CONTINUATION OF DECEDENT’S
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and as successor in interest to MIKE CAUSE OF ACTION (SURVIVAL
16 ANTONIO CASTILLO, Decedent ACTION)
3. WRONGFUL DEATH
17 Plaintiffs,
DEMAND FOR JURY TRIAL
18 vs.
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TERRY ALLEN, an individual; THOMAS
20 HOWARD MARCHIONNI, an individual;
DOES 1 to 50, Inclusive
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Defendants.
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26 COME NOW Plaintiffs MICHAEL CASTILLO, ISRAEL CASTILLO, and MARK
27 CASTILLO, individually and as successors in interest to MIKE ANTONIO CASTILLO,
28 Decedent, who respectfully alleges the following:
1
COMPLAINT FOR DAMAGES
1 GENERAL ASSERTIONS
2 1. This is an action for personal injury and wrongful death arising out of the
3 actions of the Defendants, which occurred on or about August 26, 2022, and which
4 proximately caused fatal injury to Decedent.
5 2. The negligent acts and omissions of the Defendants as herein alleged took place
6 at or near City of Marina, State of California. Accordingly, venue within this judicial district is
7 proper.
8 3. At all times relevant herein, Decedent MIKE ANTONIO CASTILLO
9 (“Decedent”) was a resident of the State of California.
10 4. At all times relevant herein, Plaintiffs MICHAEL CASTILLO, ISRAEL
11 CASTILLO, MARK CASTILLO (“Plaintiffs”) are the surviving biological sons of the
12 Decedent and residents of the City of Salinas, County of Monterey, State of California.
3055 Wilshire Blvd, 12th Floor
5. Plaintiff is informed and believes, and based upon such information and belief
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14 alleges that at all times relevant herein, Defendant TERRY ALLEN was an individual over the
15 age of 18 and a resident of the City of Salinas, County of Monterey, State of California.
16 6. Plaintiff is informed and believes, and based upon such information and belief
17 alleges that at all times relevant herein, Defendant THOMAS HOWARD MARCHIONNI was
18 an individual over the age of 18 and a resident of the City of Salinas, Monterey County, State
19 of California.
20 7. The true names and/or capacities, whether individual, corporate, associate or
21 otherwise of the Defendants DOES 1 to 50, inclusive, and each of them, are unknown to
22 Plaintiff who therefore sues said Defendants by such fictitious names pursuant to Code of Civil
23 Procedure § 474. Plaintiff is informed and believes and thereon alleges that each of these
24 Defendants fictitiously named herein as a DOE is legally responsible, negligent or in some
25 other actionable manner liable for the events and happenings hereinafter referred to, and
26 proximately and legally caused the injuries to Plaintiff as hereinafter alleged. Plaintiff will
27 seek leave of the Court to amend this Complaint to insert the true names and/or capacities of
28 such fictitiously-named Defendants when the same has been ascertained.
2
COMPLAINT FOR DAMAGES
1 8. Plaintiffs are informed and believe, and based upon such information and belief
2 alleges that at all times relevant hereto, each Defendant, including DOES 1 to 50, was the
3 owner, servant, agent, joint-venturer, employee or employer of each of its co-Defendants, and
4 in doing the acts hereinafter mentioned, each Defendant was acting within the scope of its
5 authority and with the permission and consent of its co-Defendants, and each of them, and that
6 said acts of each Defendant were ratified by said Defendant's co-Defendants, and each of them
7 and every Defendant, as aforesaid, when acting as a principal, was negligent in the selection
8 and hiring of each and every other Defendant as an agent, employee and/or joint venturer.
9 9. Plaintiff is informed and believes, and based upon such information and belief
10 alleges that all of the acts, conduct, and nonfeasance herein carried out by each and every
11 representative, employee or agent of each and every corporate or business defendant, were
12 authorized, ordered, and directed by the respective defendant’s corporate or business
3055 Wilshire Blvd, 12th Floor
employers, officers, directors and/or managing agents; that in addition thereto, said corporate
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14 or business employers, officers, directors and/or managing agents had advance knowledge of,
15 authorized, and participated in the herein described acts, conduct and nonfeasance of their
16 representatives, employees, agents and each of them; and that in addition thereto, upon the
17 completion of the aforesaid acts, conduct and nonfeasance of the employees and agents, the
18 aforesaid corporate and business employers, officers, directors and/or managing agents
19 respectively ratified, accepted the benefits of, condoned and approved of each and all of said
20 acts, conduct or nonfeasance of their co-employees, employers, and agents. In addition, at all
21 times herein relevant, each defendant, whether named herein or designated as a DOE, was a
22 principal, master, employer and joint venturer of every other defendant, and every defendant
23 was acting within the scope of said agency authority, employment and joint venture.
24 10. On or about August 26, 2022, Decedent MIKE ANTONIO CASTILLO was a
25 passenger in a vehicle being driven by Defendant THOMAS HOWARD MARCHIONNI.
26 11. Defendant THOMAS HOWARD MARCHIONNI was driving northbound on
27 Blanco Road, south of Research Drive, in the City of Marina, County of Monterey, when
28 Defendant MARCHIONNI veered to the right, failed to brake, swerve, or act in any manner to
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COMPLAINT FOR DAMAGES
1 avoid colliding with a traffic light pole, resulting in the injury of his passenger and Decedent
2 MIKE ANTONIO CASTILLO.
3 12. MIKE ANTONIO CASTILLO died as the result of the collision.
4 FIRST CAUSE OF ACTION
5 Negligence
6 [Against All Defendants]
7 13. Plaintiffs are incorporates herein by reference, as though fully set forth at
8 length, each and every allegation and statement contained in the preceding and subsequent
9 paragraphs, inclusive, of the General Assertions above.
10 14. Plaintiffs are informed and believe, and based upon such information and belief
11 allege that on the above date and time, Defendants THOMAS HOWARD MARCHIONNI and
12 DOES 1 to 50, inclusive and each of them, failed to operate their vehicle in a safe or
3055 Wilshire Blvd, 12th Floor
reasonable manner by making an unsafe turning movement.
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14 15. Moreover, Plaintiffs are informed and believe, and based upon such information
15 and belief alleges that on the above date and time, Defendants THOMAS HOWARD
16 MARCHIONNI and DOES 1 to 50, inclusive and each of them, negligently failed to exercise
17 due care preceding the decision to change lanes, failed to perceive and/or take into
18 consideration the other vehicles on the roadway, and were inattentive at the time of the
19 collision. As a result of Defendant’s failure to exercise reasonable care, the vehicle driven by
20 Defendant collided with a utility pole, which led to Plaintiff’s death.
21 16. California Vehicle Code § 22107 is a statute enacted to protect, among others,
22 motorists on California highways from collisions between vehicles and damage resulting
23 therefrom. California Vehicle Code § 22107 states in pertinent part: “No person shall turn a
24 vehicle from a direct course or move right or left upon a roadway until such movement can be
25 made with reasonable safety and then only after the giving of an appropriate signal in the
26 manner provided in this chapter in the event any other vehicle may be affected by the
27 movement.”
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COMPLAINT FOR DAMAGES
1 17. Plaintiffs are informed and believe, and based upon such information and belief
2 allege that Defendants THOMAS HOWARD MARCHIONNI and DOES 1 through 50,
3 inclusive and each of them, violated California Vehicle Code § 22107 by turning from a direct
4 course of travel when such movement could not be made in reasonable safety and without
5 giving an appropriate signal in the manner provided in the California Vehicle Code.
6 18. California Vehicle Code § 22350 is a statute enacted to protect, among others,
7 motorists on California highways from collisions arising from people driving and operating
8 motor vehicles in excess of the posted speed limits and at speeds unreasonable under the
9 conditions. California Vehicle Code § 22350 states in pertinent part: “No person shall drive a
10 vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for
11 weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at
12 a speed which endangers the safety of persons or property.”
3055 Wilshire Blvd, 12th Floor
19. Plaintiffs are informed and believe, and based upon such information and belief
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14 allege that Defendant THOMAS HOWARD MARCHIONNI and DOES 1 to 50, inclusive and
15 each of them, violated California Vehicle Code § 22350 by traveling too fast for road
16 conditions.
17 20. Plaintiffs are informed and believe, and based upon such information and belief
18 allege that the violations of California Vehicle Code § 22350 by Defendant THOMAS
19 HOWARD MARCHIONNI and DOES 1 to 50, inclusive and each of them, was a substantial
20 factor in causing the subject collision and the Decedent’s injuries.
21 21. Plaintiffs are informed and believe, and based upon such information and belief
22 allege that Defendant THOMAS HOWARD MARCHIONNI and DOES 1 to 50, inclusive and
23 each of them, was per se negligent for driving in violation of, including but not limited to,
24 California Vehicle Code §§ 22107, and 22350, at the time of the aforementioned incident.
25 22. Plaintiffs are informed and believe, and based upon such information and belief
26 allege that at all times herein mentioned the Decedent 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 to
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COMPLAINT FOR DAMAGES
1 protect against, that the violations of said vehicle code sections by Defendant THOMAS
2 HOWARD MARCHIONNI and DOES 1 to 50, inclusive and each of them, was inexcusable,
3 and that the violations of said vehicle codes were direct, legal, and proximate causes of the
4 injuries and damages complained of herein.
5 23. California Civil Code § 1714 is a statute that makes each person liable for his or
6 her own actions, whether intentional or negligent. California Civil Code § 1714 states in
7 pertinent part: “Everyone is responsible, not only for the result of his or her willful acts, but
8 also for an injury occasioned to another by his or her want of ordinary care or skill in the
9 management of his or her property or person, except so far as the latter has, willfully or by
10 want of ordinary care, brought the injury upon himself or herself.” Plaintiff is informed and
11 believes, and based upon such information and belief alleges that Defendants THOMAS
12 HOWARD MARCHIONNI and DOES 1 to 50, inclusive and each of them, violated California
3055 Wilshire Blvd, 12th Floor
Civil Code § 1714 by failing to exercise ordinary care while driving their vehicles, and are
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14 therefore responsible for the bodily injuries and property damage incurred by Decedent.
15 24. Further, Plaintiffs are informed and believes, and based upon such information and
16 belief alleges that Defendant THOMAS HOWARD MARCHIONNI was operating the subject
17 vehicle with the express or implied authority and permission of Defendant TERRY ALLEN as
18 an agent or employee of Defendant TERRY ALLEN and within the course and scope of his
19 agency or employment with Defendant TERRY ALLEN. Further, Defendant TERRY ALLEN
20 knew or should have known that Defendant THOMAS HOWARD MARCHIONNI was unfit
21 to operate the subject vehicle and was therefore negligent in hiring, retaining, training, and
22 entrusting the subject vehicle to Defendant THOMAS HOWARD MARCHIONNI.
23 25. As a direct, legal, and proximate result of the negligent acts and/or omissions of
24 Defendants TERRY ALLEN, THOMAS HOWARD MARCHIONNI, and DOES 1 to 50,
25 inclusive and each of them, the Decedent suffered severe injuries and attendant damages.
26 26. As a further direct, legal, and proximate result of the combined and concurrent
27 wrongful conduct of all of the Defendants, the Decedent suffered and sustained loss and
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COMPLAINT FOR DAMAGES
1 damages within the jurisdiction of the Superior Court of California, including, but not limited
2 to severe and permanent injury to the body and nervous system of Decedent.
3 27. In addition, as a direct, legal, and proximate result of the combined and
4 concurrent wrongful acts of the Defendants, the Decedent suffered and sustained the following
5 loss and damages within the jurisdiction of the Superior Court of California.
6 a. All past and future economic damages, including but not limited to,
7 medical expenses, loss of property, loss of earnings and earning capacity;
b. All past and future non-economic damages;
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c. Pre-trial and post-trial interest;
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d. Punitive damages;
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e. Costs of suit;
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f. For such other and further relief as the Court deems just and proper.
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SECOND CAUSE OF ACTION
3055 Wilshire Blvd, 12th Floor
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CONTINUATION OF DECEDENT’S CAUSE OF ACTION
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(SURVIVAL ACTION)
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[Against All Defendants]
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28. Plaintiffs incorporate herein by reference, as though fully set forth at length,
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each and every allegation and statement contained in the preceding and succeeding paragraphs,
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inclusive, of the General Assertions and the First Cause of Action.
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29. Plaintiffs are informed and believe, and based upon such information and belief
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allege that Decedent died on or about August 26, 2022, intestate as alleged herein, in the
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County of Monterey, State of California.
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30. Prior to the time of Decedent’s death on August 26, 2022, Decedent had
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valuable claims and causes of action against all Defendants herein, which Decedent would
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have asserted if Decedent had lived.
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31. As a legal result of the combined and concurrent wrongful conduct of all of the
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Defendants, and each of them, the Estate of MIKE ANTONIO CASTILLO has sustained
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COMPLAINT FOR DAMAGES
1 pecuniary damages as a result of medical, hospital and incidental expenses incurred and
2 suffered by the Decedent prior to the time of the Decedent’s death.
3 32. As a legal result of the aforementioned combined and concurrent wrongful
4 conduct of all of the Defendants, and each of them, the Estate of MIKE ANTONIO
5 CASTILLO has sustained pecuniary damages from the loss of income and earnings incurred
6 and suffered by the Decedent prior to the time of the Decedent’s death.
7 33. As a legal result of the aforementioned combined and concurrent wrongful
8 conduct of all of the Defendants, and each of them, the Estate of MIKE ANTONIO
9 CASTILLO has sustained pecuniary damages from the loss of earning potential and inability to
10 pursue his usual and regular employment incurred and suffered by the Decedent MIKE
11 ANTONIO CASTILLO prior to the time of the Decedent’s death.
12 34. As a legal result of the aforementioned combined and concurrent wrongful
3055 Wilshire Blvd, 12th Floor
conduct of all of the Defendants, and each of them, the Estate of MIKE ANTONIO
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14 CASTILLO has sustained pecuniary damages from loss and damage to valuable tangible items
15 of personal property incurred and suffered by the Decedent prior to the time of the Decedent’s
16 death.
17 ///
18 THIRD CAUSE OF ACTION
19 WRONGFUL DEATH
20 [Against All Defendants]
21 35. Plaintiffs incorporate herein by reference, as though fully set forth at length,
22 each and every allegation and statement contained in the preceding and succeeding paragraphs,
23 inclusive, of the General Assertions, the First Cause of Action, and the Second Cause of
24 Action.
25 36. Plaintiffs are the surviving sons of Decedent.
26 37. Pursuant to the operation of Code of Civil Procedure Section 377.60, Plaintiffs
27 are the heirs, successors in interest, and the only persons lawfully entitled to assert a Cause of
28 Action for the wrongful death of Decedent.
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COMPLAINT FOR DAMAGES
1 38. On or about August 26, 2022, as a direct and proximate result of the
2 aforementioned negligence, acts, omissions, carelessness and malfeasance by all Defendants,
3 and each of them, Decedent was fatally injured and passed away on August 26, 2022.
4 39. Prior to Decedent’s death, Decedent was a loving member of Plaintiffs’ family.
5 As a direct and proximate result of the aforementioned negligence, acts, omissions,
6 carelessness and malfeasance by all Defendants and each of them, Plaintiffs have sustained
7 pecuniary damages resulting from the loss of love, society, comfort, companionship, attention,
8 services, solace, moral and financial support of Decedent in an amount exceeding the
9 jurisdictional limit of this Court and subject to proof at trial.
10 40. As a legal result of the aforementioned combined and concurrent wrongful
11 conduct of all of the Defendants and each of them, Plaintiffs has sustained pecuniary damages
12 from loss and damage to valuable tangible items of personal property incurred and suffered by
3055 Wilshire Blvd, 12th Floor
Decedent prior to the time of Decedent’s death.
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14 41. As a legal result of the aforementioned combined and concurrent wrongful
15 conduct of all of the Defendants and each of them, the Plaintiffs have sustained pecuniary
16 damages for funeral, burial and incidental expenses incurred and paid on behalf of Decedent.
17 WHEREFORE, Plaintiffs hereby pray for judgment against all Defendants and DOES 1 to
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50, inclusive and each of them as follows:
19 1. For the repayment of all special damages, including, but not limited to all past
20 and future wage loss, funeral, burial, hospital and medical expenses incurred by the Plaintiff
21 and/or Decedent’s Estate.
22 2. For all general damages according to proof.
23 3. For all prejudgment interest as allowed by law.
24 4. For costs of suit incurred herein.
25 5. For such other and further relief as the Court deems just and proper.
26 ///
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28 ////
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COMPLAINT FOR DAMAGES
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By:
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COMPLAINT FOR DAMAGES
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DEMAND FOR JURY TRIAL
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Plaintiff demands a trial by jury in this action.
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DATED: June 28, 2024
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COMPLAINT FOR DAMAGES
Preview
1 Christopher Goodroe, Esq. SBN 224386 2 WILSHIRE LAW FIRM 3055 Wilshire Blvd., 12th Floor 3 Los Angeles, California 90010 Tel: (213) 381-9988 4 Fax: (213) 381-9989 Email: Lit@wilshirelawfirm.com 5 Attorneys for Plaintiffs, 6 MICHAEL CASTILLO, ISRAEL CASTILLO, 7 MARK CASTILLO 8 9 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 10 COUNTY OF MONTEREY 11 12 MICHAEL CASTILLO, individually and as CASE NO.: successor in interest to MIKE ANTONIO 3055 Wilshire Blvd, 12th Floor CASTILLO, Decedent; ISRAEL COMPLAINT FOR DAMAGES: Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC CASTILLO, individually and as successor in 14 interest to MIKE ANTONIO CASTILLO, 1. NEGLIGENCE Decedent; MARK CASTILLO, individually 2. CONTINUATION OF DECEDENT’S 15 and as successor in interest to MIKE CAUSE OF ACTION (SURVIVAL 16 ANTONIO CASTILLO, Decedent ACTION) 3. WRONGFUL DEATH 17 Plaintiffs, DEMAND FOR JURY TRIAL 18 vs. 19 TERRY ALLEN, an individual; THOMAS 20 HOWARD MARCHIONNI, an individual; DOES 1 to 50, Inclusive 21 Defendants. 22 23 24 25 26 COME NOW Plaintiffs MICHAEL CASTILLO, ISRAEL CASTILLO, and MARK 27 CASTILLO, individually and as successors in interest to MIKE ANTONIO CASTILLO, 28 Decedent, who respectfully alleges the following: 1 COMPLAINT FOR DAMAGES 1 GENERAL ASSERTIONS 2 1. This is an action for personal injury and wrongful death arising out of the 3 actions of the Defendants, which occurred on or about August 26, 2022, and which 4 proximately caused fatal injury to Decedent. 5 2. The negligent acts and omissions of the Defendants as herein alleged took place 6 at or near City of Marina, State of California. Accordingly, venue within this judicial district is 7 proper. 8 3. At all times relevant herein, Decedent MIKE ANTONIO CASTILLO 9 (“Decedent”) was a resident of the State of California. 10 4. At all times relevant herein, Plaintiffs MICHAEL CASTILLO, ISRAEL 11 CASTILLO, MARK CASTILLO (“Plaintiffs”) are the surviving biological sons of the 12 Decedent and residents of the City of Salinas, County of Monterey, State of California. 3055 Wilshire Blvd, 12th Floor 5. Plaintiff is informed and believes, and based upon such information and belief Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 alleges that at all times relevant herein, Defendant TERRY ALLEN was an individual over the 15 age of 18 and a resident of the City of Salinas, County of Monterey, State of California. 16 6. Plaintiff is informed and believes, and based upon such information and belief 17 alleges that at all times relevant herein, Defendant THOMAS HOWARD MARCHIONNI was 18 an individual over the age of 18 and a resident of the City of Salinas, Monterey County, State 19 of California. 20 7. The true names and/or capacities, whether individual, corporate, associate or 21 otherwise of the Defendants DOES 1 to 50, inclusive, and each of them, are unknown to 22 Plaintiff who therefore sues said Defendants by such fictitious names pursuant to Code of Civil 23 Procedure § 474. Plaintiff is informed and believes and thereon alleges that each of these 24 Defendants fictitiously named herein as a DOE is legally responsible, negligent or in some 25 other actionable manner liable for the events and happenings hereinafter referred to, and 26 proximately and legally caused the injuries to Plaintiff as hereinafter alleged. Plaintiff will 27 seek leave of the Court to amend this Complaint to insert the true names and/or capacities of 28 such fictitiously-named Defendants when the same has been ascertained. 2 COMPLAINT FOR DAMAGES 1 8. Plaintiffs are informed and believe, and based upon such information and belief 2 alleges that at all times relevant hereto, each Defendant, including DOES 1 to 50, was the 3 owner, servant, agent, joint-venturer, employee or employer of each of its co-Defendants, and 4 in doing the acts hereinafter mentioned, each Defendant was acting within the scope of its 5 authority and with the permission and consent of its co-Defendants, and each of them, and that 6 said acts of each Defendant were ratified by said Defendant's co-Defendants, and each of them 7 and every Defendant, as aforesaid, when acting as a principal, was negligent in the selection 8 and hiring of each and every other Defendant as an agent, employee and/or joint venturer. 9 9. Plaintiff is informed and believes, and based upon such information and belief 10 alleges that all of the acts, conduct, and nonfeasance herein carried out by each and every 11 representative, employee or agent of each and every corporate or business defendant, were 12 authorized, ordered, and directed by the respective defendant’s corporate or business 3055 Wilshire Blvd, 12th Floor employers, officers, directors and/or managing agents; that in addition thereto, said corporate Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 or business employers, officers, directors and/or managing agents had advance knowledge of, 15 authorized, and participated in the herein described acts, conduct and nonfeasance of their 16 representatives, employees, agents and each of them; and that in addition thereto, upon the 17 completion of the aforesaid acts, conduct and nonfeasance of the employees and agents, the 18 aforesaid corporate and business employers, officers, directors and/or managing agents 19 respectively ratified, accepted the benefits of, condoned and approved of each and all of said 20 acts, conduct or nonfeasance of their co-employees, employers, and agents. In addition, at all 21 times herein relevant, each defendant, whether named herein or designated as a DOE, was a 22 principal, master, employer and joint venturer of every other defendant, and every defendant 23 was acting within the scope of said agency authority, employment and joint venture. 24 10. On or about August 26, 2022, Decedent MIKE ANTONIO CASTILLO was a 25 passenger in a vehicle being driven by Defendant THOMAS HOWARD MARCHIONNI. 26 11. Defendant THOMAS HOWARD MARCHIONNI was driving northbound on 27 Blanco Road, south of Research Drive, in the City of Marina, County of Monterey, when 28 Defendant MARCHIONNI veered to the right, failed to brake, swerve, or act in any manner to 3 COMPLAINT FOR DAMAGES 1 avoid colliding with a traffic light pole, resulting in the injury of his passenger and Decedent 2 MIKE ANTONIO CASTILLO. 3 12. MIKE ANTONIO CASTILLO died as the result of the collision. 4 FIRST CAUSE OF ACTION 5 Negligence 6 [Against All Defendants] 7 13. Plaintiffs are incorporates herein by reference, as though fully set forth at 8 length, each and every allegation and statement contained in the preceding and subsequent 9 paragraphs, inclusive, of the General Assertions above. 10 14. Plaintiffs are informed and believe, and based upon such information and belief 11 allege that on the above date and time, Defendants THOMAS HOWARD MARCHIONNI and 12 DOES 1 to 50, inclusive and each of them, failed to operate their vehicle in a safe or 3055 Wilshire Blvd, 12th Floor reasonable manner by making an unsafe turning movement. Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 15. Moreover, Plaintiffs are informed and believe, and based upon such information 15 and belief alleges that on the above date and time, Defendants THOMAS HOWARD 16 MARCHIONNI and DOES 1 to 50, inclusive and each of them, negligently failed to exercise 17 due care preceding the decision to change lanes, failed to perceive and/or take into 18 consideration the other vehicles on the roadway, and were inattentive at the time of the 19 collision. As a result of Defendant’s failure to exercise reasonable care, the vehicle driven by 20 Defendant collided with a utility pole, which led to Plaintiff’s death. 21 16. California Vehicle Code § 22107 is a statute enacted to protect, among others, 22 motorists on California highways from collisions between vehicles and damage resulting 23 therefrom. California Vehicle Code § 22107 states in pertinent part: “No person shall turn a 24 vehicle from a direct course or move right or left upon a roadway until such movement can be 25 made with reasonable safety and then only after the giving of an appropriate signal in the 26 manner provided in this chapter in the event any other vehicle may be affected by the 27 movement.” 28 4 COMPLAINT FOR DAMAGES 1 17. Plaintiffs are informed and believe, and based upon such information and belief 2 allege that Defendants THOMAS HOWARD MARCHIONNI and DOES 1 through 50, 3 inclusive and each of them, violated California Vehicle Code § 22107 by turning from a direct 4 course of travel when such movement could not be made in reasonable safety and without 5 giving an appropriate signal in the manner provided in the California Vehicle Code. 6 18. California Vehicle Code § 22350 is a statute enacted to protect, among others, 7 motorists on California highways from collisions arising from people driving and operating 8 motor vehicles in excess of the posted speed limits and at speeds unreasonable under the 9 conditions. California Vehicle Code § 22350 states in pertinent part: “No person shall drive a 10 vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for 11 weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at 12 a speed which endangers the safety of persons or property.” 3055 Wilshire Blvd, 12th Floor 19. Plaintiffs are informed and believe, and based upon such information and belief Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 allege that Defendant THOMAS HOWARD MARCHIONNI and DOES 1 to 50, inclusive and 15 each of them, violated California Vehicle Code § 22350 by traveling too fast for road 16 conditions. 17 20. Plaintiffs are informed and believe, and based upon such information and belief 18 allege that the violations of California Vehicle Code § 22350 by Defendant THOMAS 19 HOWARD MARCHIONNI and DOES 1 to 50, inclusive and each of them, was a substantial 20 factor in causing the subject collision and the Decedent’s injuries. 21 21. Plaintiffs are informed and believe, and based upon such information and belief 22 allege that Defendant THOMAS HOWARD MARCHIONNI and DOES 1 to 50, inclusive and 23 each of them, was per se negligent for driving in violation of, including but not limited to, 24 California Vehicle Code §§ 22107, and 22350, at the time of the aforementioned incident. 25 22. Plaintiffs are informed and believe, and based upon such information and belief 26 allege that at all times herein mentioned the Decedent 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 to 5 COMPLAINT FOR DAMAGES 1 protect against, that the violations of said vehicle code sections by Defendant THOMAS 2 HOWARD MARCHIONNI and DOES 1 to 50, inclusive and each of them, was inexcusable, 3 and that the violations of said vehicle codes were direct, legal, and proximate causes of the 4 injuries and damages complained of herein. 5 23. California Civil Code § 1714 is a statute that makes each person liable for his or 6 her own actions, whether intentional or negligent. California Civil Code § 1714 states in 7 pertinent part: “Everyone is responsible, not only for the result of his or her willful acts, but 8 also for an injury occasioned to another by his or her want of ordinary care or skill in the 9 management of his or her property or person, except so far as the latter has, willfully or by 10 want of ordinary care, brought the injury upon himself or herself.” Plaintiff is informed and 11 believes, and based upon such information and belief alleges that Defendants THOMAS 12 HOWARD MARCHIONNI and DOES 1 to 50, inclusive and each of them, violated California 3055 Wilshire Blvd, 12th Floor Civil Code § 1714 by failing to exercise ordinary care while driving their vehicles, and are Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 therefore responsible for the bodily injuries and property damage incurred by Decedent. 15 24. Further, Plaintiffs are informed and believes, and based upon such information and 16 belief alleges that Defendant THOMAS HOWARD MARCHIONNI was operating the subject 17 vehicle with the express or implied authority and permission of Defendant TERRY ALLEN as 18 an agent or employee of Defendant TERRY ALLEN and within the course and scope of his 19 agency or employment with Defendant TERRY ALLEN. Further, Defendant TERRY ALLEN 20 knew or should have known that Defendant THOMAS HOWARD MARCHIONNI was unfit 21 to operate the subject vehicle and was therefore negligent in hiring, retaining, training, and 22 entrusting the subject vehicle to Defendant THOMAS HOWARD MARCHIONNI. 23 25. As a direct, legal, and proximate result of the negligent acts and/or omissions of 24 Defendants TERRY ALLEN, THOMAS HOWARD MARCHIONNI, and DOES 1 to 50, 25 inclusive and each of them, the Decedent suffered severe injuries and attendant damages. 26 26. As a further direct, legal, and proximate result of the combined and concurrent 27 wrongful conduct of all of the Defendants, the Decedent suffered and sustained loss and 28 6 COMPLAINT FOR DAMAGES 1 damages within the jurisdiction of the Superior Court of California, including, but not limited 2 to severe and permanent injury to the body and nervous system of Decedent. 3 27. In addition, as a direct, legal, and proximate result of the combined and 4 concurrent wrongful acts of the Defendants, the Decedent suffered and sustained the following 5 loss and damages within the jurisdiction of the Superior Court of California. 6 a. All past and future economic damages, including but not limited to, 7 medical expenses, loss of property, loss of earnings and earning capacity; b. All past and future non-economic damages; 8 c. Pre-trial and post-trial interest; 9 d. Punitive damages; 10 e. Costs of suit; 11 f. For such other and further relief as the Court deems just and proper. 12 SECOND CAUSE OF ACTION 3055 Wilshire Blvd, 12th Floor Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC CONTINUATION OF DECEDENT’S CAUSE OF ACTION 14 (SURVIVAL ACTION) 15 [Against All Defendants] 16 28. Plaintiffs incorporate herein by reference, as though fully set forth at length, 17 each and every allegation and statement contained in the preceding and succeeding paragraphs, 18 inclusive, of the General Assertions and the First Cause of Action. 19 29. Plaintiffs are informed and believe, and based upon such information and belief 20 allege that Decedent died on or about August 26, 2022, intestate as alleged herein, in the 21 County of Monterey, State of California. 22 30. Prior to the time of Decedent’s death on August 26, 2022, Decedent had 23 valuable claims and causes of action against all Defendants herein, which Decedent would 24 have asserted if Decedent had lived. 25 31. As a legal result of the combined and concurrent wrongful conduct of all of the 26 Defendants, and each of them, the Estate of MIKE ANTONIO CASTILLO has sustained 27 28 7 COMPLAINT FOR DAMAGES 1 pecuniary damages as a result of medical, hospital and incidental expenses incurred and 2 suffered by the Decedent prior to the time of the Decedent’s death. 3 32. As a legal result of the aforementioned combined and concurrent wrongful 4 conduct of all of the Defendants, and each of them, the Estate of MIKE ANTONIO 5 CASTILLO has sustained pecuniary damages from the loss of income and earnings incurred 6 and suffered by the Decedent prior to the time of the Decedent’s death. 7 33. As a legal result of the aforementioned combined and concurrent wrongful 8 conduct of all of the Defendants, and each of them, the Estate of MIKE ANTONIO 9 CASTILLO has sustained pecuniary damages from the loss of earning potential and inability to 10 pursue his usual and regular employment incurred and suffered by the Decedent MIKE 11 ANTONIO CASTILLO prior to the time of the Decedent’s death. 12 34. As a legal result of the aforementioned combined and concurrent wrongful 3055 Wilshire Blvd, 12th Floor conduct of all of the Defendants, and each of them, the Estate of MIKE ANTONIO Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 CASTILLO has sustained pecuniary damages from loss and damage to valuable tangible items 15 of personal property incurred and suffered by the Decedent prior to the time of the Decedent’s 16 death. 17 /// 18 THIRD CAUSE OF ACTION 19 WRONGFUL DEATH 20 [Against All Defendants] 21 35. Plaintiffs incorporate herein by reference, as though fully set forth at length, 22 each and every allegation and statement contained in the preceding and succeeding paragraphs, 23 inclusive, of the General Assertions, the First Cause of Action, and the Second Cause of 24 Action. 25 36. Plaintiffs are the surviving sons of Decedent. 26 37. Pursuant to the operation of Code of Civil Procedure Section 377.60, Plaintiffs 27 are the heirs, successors in interest, and the only persons lawfully entitled to assert a Cause of 28 Action for the wrongful death of Decedent. 8 COMPLAINT FOR DAMAGES 1 38. On or about August 26, 2022, as a direct and proximate result of the 2 aforementioned negligence, acts, omissions, carelessness and malfeasance by all Defendants, 3 and each of them, Decedent was fatally injured and passed away on August 26, 2022. 4 39. Prior to Decedent’s death, Decedent was a loving member of Plaintiffs’ family. 5 As a direct and proximate result of the aforementioned negligence, acts, omissions, 6 carelessness and malfeasance by all Defendants and each of them, Plaintiffs have sustained 7 pecuniary damages resulting from the loss of love, society, comfort, companionship, attention, 8 services, solace, moral and financial support of Decedent in an amount exceeding the 9 jurisdictional limit of this Court and subject to proof at trial. 10 40. As a legal result of the aforementioned combined and concurrent wrongful 11 conduct of all of the Defendants and each of them, Plaintiffs has sustained pecuniary damages 12 from loss and damage to valuable tangible items of personal property incurred and suffered by 3055 Wilshire Blvd, 12th Floor Decedent prior to the time of Decedent’s death. Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 41. As a legal result of the aforementioned combined and concurrent wrongful 15 conduct of all of the Defendants and each of them, the Plaintiffs have sustained pecuniary 16 damages for funeral, burial and incidental expenses incurred and paid on behalf of Decedent. 17 WHEREFORE, Plaintiffs hereby pray for judgment against all Defendants and DOES 1 to 18 50, inclusive and each of them as follows: 19 1. For the repayment of all special damages, including, but not limited to all past 20 and future wage loss, funeral, burial, hospital and medical expenses incurred by the Plaintiff 21 and/or Decedent’s Estate. 22 2. For all general damages according to proof. 23 3. For all prejudgment interest as allowed by law. 24 4. For costs of suit incurred herein. 25 5. For such other and further relief as the Court deems just and proper. 26 /// 27 /// 28 //// 9 COMPLAINT FOR DAMAGES 1 2 DATED: June 28, 2024 3 4 By: 5 Christopher Goodroe, Esq. 6 7 8 9 10 11 12 3055 Wilshire Blvd, 12th Floor Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 COMPLAINT FOR DAMAGES 1 DEMAND FOR JURY TRIAL 2 Plaintiff demands a trial by jury in this action. 3 4 DATED: June 28, 2024 5 6 7 By: Christopher Goodroe, Esq. 8 9 10 11 12 3055 Wilshire Blvd, 12th Floor Los Angeles, CA 90010-1137 13 WILSHIRE LAW FIRM, PLC 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 COMPLAINT FOR DAMAGES