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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Barnumber, and address): FOR COURT USE ONLY
_Jeffrev D. Bohn (SBN: 243870)
Accident. lniury & Medical Malpractice Attorneys of California. APC
2445 Capitol Street. Suite 105
Fresno, CA 93721
TELEPHONENOz 559485-1212 FAX “WWW” 559-485-1210
E-MAIL ADDRESS (OMOnal):
E-FILED
AnORNEY FOR (Name): Plaintiffls) 11/8/2018 11:33 AM
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO FRESNO COUNTY SUPERIOR COURT
STREET ADDRESS: 1130 "O" Street By: J. Nelson, Deputy
MAIuNG ADDRESS: 1 13o “Q" Street
CITY AND flP CODE: Fresno. CA 93721
BRANCH NAME: B.F. Sisk Courthouse
PLAINTIFF: Jose Sanchez. an individual
DEFENDANT: Ba Vang. an individual; Robert Pether. an individual; Ruben
E Ramirez. an individual;
Does 1 To 20
COMPLAINT—Personal
inclusive
Property Damage, Wrongful Death
E AMENDED (Number):
Injury,
E
Type (check
MOTOR VEHICLE
x
all that apply):
Property Damage
E OTHER (specify):
Wrongful Death
x Personal Injury Other Damages (specify):
E
Jurisdiction (check all that apply):
ACTION IS A LIMITED
E
CIVIL CASE
case NUMBER:
E
Amount demanded
E does not exceed $10,000
exceeds $1 0,000, but does not exceed $25,000
AN UNLIMITED CIVIL CASE (exceeds
18CECG04143
EE ACTION
ACTION
IS
IS RECLASSIFIED by this amended complaint
$25,000)
1.
E Plaintiff
from limited to unlimited
from unlimited to limited
(name or names): Jose Sanchez
alleges causes of action against defendant (name or names): Ba Vang, Robert Pether, and Ruben Ramirez
2. This pleading, including attachments and exhibits, consists of the following number of pages: 5
3.
D E
Each
a.
plaintiff named above is a competent
except plaintiff (name):
adult
D
E
(1)
(2)
a corporation qualified
an unincorporated
to do business
entity (describe):
in California
E (3)
(4)
E
a minor E
a public entity (describe):
an adult
E
(a)
(b) E for whom a guardian or conservator of the estate or a guardian ad
other (specifw:
other (Specify):
litem has been appointed
E D
b.
(5)
except plaintiff (name):
D
E]
(1)
(2)
a corporation qualified
an unincorporated
to do business
entity (describe):
in California
E (3)
(4)
a public
E
a minor D entity (describe):
an adult
E (5)
(a)
(b) E for whom a guardian or conservator of the estate or a guardian ad
other (specify):
other (specify):
[item has been appointed
Fm“
Dmmmmmm'Information about additional plaintiffs
U”
who are not competent adults is shown in Attachment 3.
0°“
Pm 1 m
Juana: Council oi California
PLtm-om [Remunuarytzoan
COMPLAINT—Personal Injury, Property “ngfiggig
Damage, Wrongful Death
PLD-Pl-001
SHORT TITLE: CASE NUMBER:
Sanchez v. Vang
4. E Plaintiff
is
(name):
doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5.
a. E E
Each defendant named above is a natural person
except defendant (name): c. E D except defendant (name):
E
(1)
D
a business organization, form unknown
(2)
(3)
a corporation
an unincorporated entity (describe):
E
E
(1)
(2)
(3)
a business organization. form unknown
a corporation
an unincorporated entity (describe):
E (4) a public entity (describe): E (4) a public entity (descn'be):
E (5) other (specify): E (5) other (specify):
D E
b. except defendant (name): d. E E except defendant (name):
E
E
(1)
(2)
(3)
a business organization, form unknown
a corporation
an unincorporated entity (descn'be):
E
E
(1)
(2)
(3)
a business organization, form
a corporation
an unincorporated
unknown
entity (describe):
E (4) a public entity (describe): E (4) a public entity (describe):
E (5) other (specify): E (5) other (specifl):
E Information about additional defendants who are not natural persons
sued as Does are unknown to plaintiff.
is contained in Attachment 5.
The true names of defendants
6.
E a. Doe defendants (specifi/ Doe numbers): 1 through 20 inC'USive
named defendants and acted within the scope of that agency or
were the agents or employees of other
employment.
E b. Doe defendants (specify Doe numbers): 1 through 20 inc'USive are persons whose capacities are unknown to
7. E plaintiff.
Defendants who are joined under Code of Civil Procedure section 382 are (names):
the proper court because
8.
a. E
This court
E
is
at least one defendant now resides in itsjurisdictional area.
the principal place of business of a defendant corporation or unincorporated association jurisdictional area.
m
b. is in its
c.
d .
E injury to
other (specify):
person or damage to personal property occurred in itsjurisdictional area.
9. EE
a.
Plaintiff is required to comply with a claims statute, and
has complied with applicable claims statutes. or
E:
b. is excused from complying because (specify):
PLD-PI-om [Rev. January 1. 2007] COMPLNNT—Personal Injury, Property Page 2 or 3
Damage, Wrongful Death
PLD-Pl-001
SHORT TITLE: CASE NUMBER.
Sanchez v. Vang
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
.
E
causes of action attached):
E Motor Vehicle
fimQOUm
.
.
E
E
General Negligence
Intentional Tort
.
.
E
E
Products
Premises
Other
Liability
Liability
(specify):
11. Plaintiff has suffered
. wage loss
(07"(0000'0)
.
.
.
E loss of
hospital
generaldamage
use of property
and medicalexpenses
damage
.
.
E
D
properly
loss of earning capacity
other damage (specify):
12. EE The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
E
a.
b.
listed in
as follows:
Attachment 12.
13. The relief sought in this complaint is within the jurisdiction ofthis court.
as and and
14. Plaintiff
a. (1)
(2)
E
E
prays forjudgment
compensatory damages
punitive damages
for costs of suit; for such relief is fair, just, equitable; for
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1)
(2) E accordingto proof
in the amount of: $
15. E The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: 11/8/18
Jeffrey D.
PLDPI-om [Rev.January
Bohn (SBN: 243870)
1.2007)
(TYPE OR PRINT NAME)
COMPLAINT—Personal
Damage, Wrongful Death
’
Injury, Property
WM
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
Pawn”
PLD-PI-oo1(1)
SHORT TITLE: CASE NUMBER:
Sanchez v. Vang
FIRST CAUSE OF ACTION—Motor Vehicle
(number)
ATTACHMENT To E Complaint D Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): Jose Sanchez
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): 12/09/201 6
at (Place): County of Fresno, State of California
MV- 2. DEFENDANTS
a. E The defendants who operated a motor vehicle are (names):
Ba Vang, Robert Pether, and Ruben Ramirez
E Does __1_ __i_ to
b. E The defendants who employed the persons who operated a motor vehicle
are (names):
in the course of their employment
Ba Vang, Robert Pether, and Ruben Ramirez
c. m E Does
The defendants who owned
1 to 20
the motor vehicle which was operated with their permission are (names):
Ba Vang, Robert Pether, and Ruben Ramirez
d. mE Does
The defendants who
Ba Vang, Robert
1 to 20
entrusted the motor vehicle are (names):
Pether, and Ruben Ramirez
e. m E Does
The defendants who were
1 to ‘
20
the agents and employees of the other defendants and acted within the scope
of the agency were (names):
Ba Vang, Robert Pether, and Ruben Ramirez
E
EE Does 1 to 20
f. The defendants who are
listed in Attachment MV-2f E
liable to plaintiffs for
as
other reasons and the reasons for the
follows:
liability are
E Does to Page 4
Page 1 of 1
“mmmmggmgw CAUSE 0F ACTION—Motor Vehicle code “cm procedure 425.12
"“ “mmmm'g”
PLo-PI-omu) [Rev. January 1. 2007]
PLD-Pl-001 (2)
SHORT TITLE: CASE NUMBER:
Sanchez v. Vang
SECOND
(number)
CAUSE OF ACTION-General Negligence Page ----
5
ATTACHMENT TO [!] Complaint CJ Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Jose Sanchez
alleges that defendant (name): Ba VanQ, Robert Pether, and Ruben Ramirez
D:1 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): 12/09/2016
at (place): County of Fresno, State of California
(description of reasons for liability):
GN-2 Paragraphs MV-1 through MV-2 are incorporated herein by reference as though fully set forth.
GN-3 At all times relevant herein, Ba Vang, was driving his vehicle, without a valid driver's license, westbound on
American Avenue at the intersection with Golden State Boulevard. Jose Sanchez was a restrained passenger in a
vehicle owned and driven by Ruben Ramirez proceeding southbound on Golden State in the #1 lane approaching the
intersection with American Avenue. American has posted stop signs for both eastbound and westbound traffic. Golden
State is uncontrolled and does not have stop signs. Vang came to a stop and entered the intersection, successfully
crossing the northbound lanes of Golden State and then came to a stop in the center median. This collision occurred as
Vang failed to observe Ramirez' vehicle proceeding in a southerly direction through the
GN-4 At all times relevant herein, Defendants and each of them so negligently, carelessly, recklessly, and unlawfully,
managed, maintained, drove and/or operated a vehicle so as to cause the above described collision. And, Vang violated
Vehicle Code section 21802 by failing to stop at at the subject intersection and yield the right of way to the vehicle in
which Sanchez was a passenger.
GN-5 At that time and place, Defendants and each of them so negligently, carelessly, and recklessly, and unlawfully,
entrusted, managed, maintained, drove and/or operated the vehicle so as to proximately cause a motor vehicle accident.
Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a
negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by
any person using or operating the same with the permission, express or implied, of the owner California Vehicle Code
section 17150.
GN-6 As a proximate result of the negligence, carelessness, and unlawfulness of Defendants and each of them, as
herein alleged, Sanchez was injured in his health, strength, and activity, sustaining injury to his body and shock to his
nervous system. These injuries caused and continue to cause Sanchez great mental, physical, and nervous pain and
suffering. As a further proximate result of the negligence of Defendants and each of them, as herein alleged, Sanchez
was required to and did employ healthcare providers and others for medical examinations, treatment, and care of these
injuries. As a further proximate result, Sanchez incurred medical and incidental expenses.
Page1 of 1
Fonn Approved for Optional Use Code of Civil Procedure 425.12
Judicial Council of California CAUSE OF ACTION-General Negligence www.courtinfo.ca.gov
PLD-Pl-001(2) [Rev. January 1, 2007]
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PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Barnumber, and address): FOR COURT USE ONLY _Jeffrev D. Bohn (SBN: 243870) Accident. lniury & Medical Malpractice Attorneys of California. APC 2445 Capitol Street. Suite 105 Fresno, CA 93721 TELEPHONENOz 559485-1212 FAX “WWW” 559-485-1210 E-MAIL ADDRESS (OMOnal): E-FILED AnORNEY FOR (Name): Plaintiffls) 11/8/2018 11:33 AM SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO FRESNO COUNTY SUPERIOR COURT STREET ADDRESS: 1130 "O" Street By: J. Nelson, Deputy MAIuNG ADDRESS: 1 13o “Q" Street CITY AND flP CODE: Fresno. CA 93721 BRANCH NAME: B.F. Sisk Courthouse PLAINTIFF: Jose Sanchez. an individual DEFENDANT: Ba Vang. an individual; Robert Pether. an individual; Ruben E Ramirez. an individual; Does 1 To 20 COMPLAINT—Personal inclusive Property Damage, Wrongful Death E AMENDED (Number): Injury, E Type (check MOTOR VEHICLE x all that apply): Property Damage E OTHER (specify): Wrongful Death x Personal Injury Other Damages (specify): E Jurisdiction (check all that apply): ACTION IS A LIMITED E CIVIL CASE case NUMBER: E Amount demanded E does not exceed $10,000 exceeds $1 0,000, but does not exceed $25,000 AN UNLIMITED CIVIL CASE (exceeds 18CECG04143 EE ACTION ACTION IS IS RECLASSIFIED by this amended complaint $25,000) 1. E Plaintiff from limited to unlimited from unlimited to limited (name or names): Jose Sanchez alleges causes of action against defendant (name or names): Ba Vang, Robert Pether, and Ruben Ramirez 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. D E Each a. plaintiff named above is a competent except plaintiff (name): adult D E (1) (2) a corporation qualified an unincorporated to do business entity (describe): in California E (3) (4) E a minor E a public entity (describe): an adult E (a) (b) E for whom a guardian or conservator of the estate or a guardian ad other (specifw: other (Specify): litem has been appointed E D b. (5) except plaintiff (name): D E] (1) (2) a corporation qualified an unincorporated to do business entity (describe): in California E (3) (4) a public E a minor D entity (describe): an adult E (5) (a) (b) E for whom a guardian or conservator of the estate or a guardian ad other (specify): other (specify): [item has been appointed Fm“ Dmmmmmm'Information about additional plaintiffs U” who are not competent adults is shown in Attachment 3. 0°“ Pm 1 m Juana: Council oi California PLtm-om [Remunuarytzoan COMPLAINT—Personal Injury, Property “ngfiggig Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: Sanchez v. Vang 4. E Plaintiff is (name): doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. a. E E Each defendant named above is a natural person except defendant (name): c. E D except defendant (name): E (1) D a business organization, form unknown (2) (3) a corporation an unincorporated entity (describe): E E (1) (2) (3) a business organization. form unknown a corporation an unincorporated entity (describe): E (4) a public entity (describe): E (4) a public entity (descn'be): E (5) other (specify): E (5) other (specify): D E b. except defendant (name): d. E E except defendant (name): E E (1) (2) (3) a business organization, form unknown a corporation an unincorporated entity (descn'be): E E (1) (2) (3) a business organization, form a corporation an unincorporated unknown entity (describe): E (4) a public entity (describe): E (4) a public entity (describe): E (5) other (specify): E (5) other (specifl): E Information about additional defendants who are not natural persons sued as Does are unknown to plaintiff. is contained in Attachment 5. The true names of defendants 6. E a. Doe defendants (specifi/ Doe numbers): 1 through 20 inC'USive named defendants and acted within the scope of that agency or were the agents or employees of other employment. E b. Doe defendants (specify Doe numbers): 1 through 20 inc'USive are persons whose capacities are unknown to 7. E plaintiff. Defendants who are joined under Code of Civil Procedure section 382 are (names): the proper court because 8. a. E This court E is at least one defendant now resides in itsjurisdictional area. the principal place of business of a defendant corporation or unincorporated association jurisdictional area. m b. is in its c. d . E injury to other (specify): person or damage to personal property occurred in itsjurisdictional area. 9. EE a. Plaintiff is required to comply with a claims statute, and has complied with applicable claims statutes. or E: b. is excused from complying because (specify): PLD-PI-om [Rev. January 1. 2007] COMPLNNT—Personal Injury, Property Page 2 or 3 Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER. Sanchez v. Vang 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more . E causes of action attached): E Motor Vehicle fimQOUm . . E E General Negligence Intentional Tort . . E E Products Premises Other Liability Liability (specify): 11. Plaintiff has suffered . wage loss (07"(0000'0) . . . E loss of hospital generaldamage use of property and medicalexpenses damage . . E D properly loss of earning capacity other damage (specify): 12. EE The damages claimed for wrongful death and the relationships of plaintiff to the deceased are E a. b. listed in as follows: Attachment 12. 13. The relief sought in this complaint is within the jurisdiction ofthis court. as and and 14. Plaintiff a. (1) (2) E E prays forjudgment compensatory damages punitive damages for costs of suit; for such relief is fair, just, equitable; for The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) (2) E accordingto proof in the amount of: $ 15. E The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: 11/8/18 Jeffrey D. PLDPI-om [Rev.January Bohn (SBN: 243870) 1.2007) (TYPE OR PRINT NAME) COMPLAINT—Personal Damage, Wrongful Death ’ Injury, Property WM (SIGNATURE OF PLAINTIFF OR ATTORNEY) Pawn” PLD-PI-oo1(1) SHORT TITLE: CASE NUMBER: Sanchez v. Vang FIRST CAUSE OF ACTION—Motor Vehicle (number) ATTACHMENT To E Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Jose Sanchez 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): 12/09/201 6 at (Place): County of Fresno, State of California MV- 2. DEFENDANTS a. E The defendants who operated a motor vehicle are (names): Ba Vang, Robert Pether, and Ruben Ramirez E Does __1_ __i_ to b. E The defendants who employed the persons who operated a motor vehicle are (names): in the course of their employment Ba Vang, Robert Pether, and Ruben Ramirez c. m E Does The defendants who owned 1 to 20 the motor vehicle which was operated with their permission are (names): Ba Vang, Robert Pether, and Ruben Ramirez d. mE Does The defendants who Ba Vang, Robert 1 to 20 entrusted the motor vehicle are (names): Pether, and Ruben Ramirez e. m E Does The defendants who were 1 to ‘ 20 the agents and employees of the other defendants and acted within the scope of the agency were (names): Ba Vang, Robert Pether, and Ruben Ramirez E EE Does 1 to 20 f. The defendants who are listed in Attachment MV-2f E liable to plaintiffs for as other reasons and the reasons for the follows: liability are E Does to Page 4 Page 1 of 1 “mmmmggmgw CAUSE 0F ACTION—Motor Vehicle code “cm procedure 425.12 "“ “mmmm'g” PLo-PI-omu) [Rev. January 1. 2007] PLD-Pl-001 (2) SHORT TITLE: CASE NUMBER: Sanchez v. Vang SECOND (number) CAUSE OF ACTION-General Negligence Page ---- 5 ATTACHMENT TO [!] Complaint CJ Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Jose Sanchez alleges that defendant (name): Ba VanQ, Robert Pether, and Ruben Ramirez D:1 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): 12/09/2016 at (place): County of Fresno, State of California (description of reasons for liability): GN-2 Paragraphs MV-1 through MV-2 are incorporated herein by reference as though fully set forth. GN-3 At all times relevant herein, Ba Vang, was driving his vehicle, without a valid driver's license, westbound on American Avenue at the intersection with Golden State Boulevard. Jose Sanchez was a restrained passenger in a vehicle owned and driven by Ruben Ramirez proceeding southbound on Golden State in the #1 lane approaching the intersection with American Avenue. American has posted stop signs for both eastbound and westbound traffic. Golden State is uncontrolled and does not have stop signs. Vang came to a stop and entered the intersection, successfully crossing the northbound lanes of Golden State and then came to a stop in the center median. This collision occurred as Vang failed to observe Ramirez' vehicle proceeding in a southerly direction through the GN-4 At all times relevant herein, Defendants and each of them so negligently, carelessly, recklessly, and unlawfully, managed, maintained, drove and/or operated a vehicle so as to cause the above described collision. And, Vang violated Vehicle Code section 21802 by failing to stop at at the subject intersection and yield the right of way to the vehicle in which Sanchez was a passenger. GN-5 At that time and place, Defendants and each of them so negligently, carelessly, and recklessly, and unlawfully, entrusted, managed, maintained, drove and/or operated the vehicle so as to proximately cause a motor vehicle accident. Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner California Vehicle Code section 17150. GN-6 As a proximate result of the negligence, carelessness, and unlawfulness of Defendants and each of them, as herein alleged, Sanchez was injured in his health, strength, and activity, sustaining injury to his body and shock to his nervous system. These injuries caused and continue to cause Sanchez great mental, physical, and nervous pain and suffering. As a further proximate result of the negligence of Defendants and each of them, as herein alleged, Sanchez was required to and did employ healthcare providers and others for medical examinations, treatment, and care of these injuries. As a further proximate result, Sanchez incurred medical and incidental expenses. Page1 of 1 Fonn Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTION-General Negligence www.courtinfo.ca.gov PLD-Pl-001(2) [Rev. January 1, 2007]