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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
| LEE C. ARTER, STATE BAR NO.: 145991
LAW OFFICES OF LEE C. ARTER
3701 WILSHIRE BOULEVARD, SUITE 535 E-FILED
LOS ANGELES, CA 90010
12/15/16
TELEPHONE NO: (213) 384-9533 FAX NO. (Optional): FRESNO COUNTY SUPERIOR CQURT
E-MAIL ADDRESS (Optional)
ATTORNEY FOR name: PLATNIT EE a - — a a eens | By: J. Phillips, Deputy __ _
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESN!
street appress: 1130 O Street
MAILING ADDRESS: Same
CITY AND ziP cope: Fresno, CA 93721
BRANCH NAME: CIVIL
PLAINTIFF: ROSA SOTO
DEFENDANT: MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO
ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH
[X] poesiTo 100
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
[__] AMENDED (Number):
Type (check all that apply):
[-X] MOTOR VEHICLE [_] OTHER (specify):
Property Damage [-*] Wrongful Death
Personal Injury {__] Other Damages (specify):
Jurisdiction (check aff that apply):
(—] ACTION IS A LIMITED CIVIL CASE CASE NUMBER:
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) 16CECG04028
(1 ACTION 1S RECLASSIFIED by this amended complaint
[__] from limited to unlimited
from unlimited to limited
Plaintiff (name ornames):ROSA SOTO
alleges causes of action against defendant (name or names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN
PORTILLO ALTAMTRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANK
This pleading, including attachments and exhibits, consists of the following number of pages: 5
Each plaintiff named above is a competent adult
a. (__] except plaintiff (name):
(1) [J a corporation qualified to do business in California
(2) [__] an unincorporated entity (desenbe):
(3) [__] apublic entity (describe):
(4) [-] aminor [__] an adult
(a) (__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [__] other (specify):
(©) [_] other (specify):
[_] except plaintiff (name):
(1) (__] a corporation qualified to do business in California
(2) [__] an unincorporated entity (describe):
(3) [__] a public entity (describe):
(4) [__] aminor an adult
(a) L_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(bo) [J other (specify):
(6) [__] other (specify):
i
[] Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Paga1 of 3
Ferm Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 426.12
Judicial Council of California -
PLD-PI-0O1 (Rev, January 1. 2007} Damage, Wrongful Death
us
PLD-PI-001
SHORT TITLE: SOTO VS. SANCHEZ CASE NUMBER:
4. ("_] Plaintiff (name):
is doing business under the fictitious name (specify):
eee — anaesasec
cont a Wet Ae Tis ious bik less Taine aw: eve ee en ec ae coe
5. Each defendant named above is a natural person
a. Cc except defendant (name): [jj except defendant (name):
(1) [_] a business organization, form unknown (1) [-_] a business organization, form unknown
(2) [__] acerporation (2) [J a corporation
(3) [__] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe):
(4) [__] a public entity (describe): (4) (2 a publi¢ entity (describe):
(6) [__] other (specify): (5) L_] other (specify):
Cc) except defendant (name): {__] except defendant (name):
(1) [_] a business organization, form unknown (1) Cy a business organization, form unknown
(2) (__] a corporation (2) __] a corporation
(3) [4 an unincorporated entity (describe): (3) [_] an unincorporated entity (describe):
(4) __] a public entity (describe): (4) (_) a public entity (describe):
(8) L_] other (specify): (5) (] other (specify):
[_] Information about additional defendants who are not natural persons is contained in Attachment 5
The true names of defendants sued as Does are unknown to plaintiff.
a.LX] Doe defendants (specify Doe numbers): 1-50 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
Doe defendants (specify Doe numbers): 50-51. are persons whose capacities are unknown to
plaintiff.
[_] Defendants who are joined under Code of Civil Procedure section 382 are (names):
This court is the proper court because
at least one defendant now resides inits jurisdictional area.
. [__| the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
injury to person or damage to personal property occurred inits jurisdictional area.
[5 other (specify):
(1 Plaintiff is required to comply with a claims statute, and
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
PLD-PL-001 [Rev. January 4, 2007] COMPLAINT—Personal Injury, Property Page 2 of 3
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: SOTO VS. SANCHEZ CASE NUMBER:
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
Motor Vehicle
a. ao a te we te
| “Gérieral Nagligance
. FJ Intentional Tort
. [__] Products Liability
[_] Premises Liability
Other (specify): JOINT VENTURE
" Plaintiff has suffered
wage loss
loss of use of property
hospital and medical expenses
general damage
property damage
loss of earning capacity
other damage (specify):
12, FE] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. L_] listed in Attachment 12.
b.[__] as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14, Plaintiff prays for judgment for costs of suit; for such relief as fs fair, just, and equitable; and for
a (1) compensatory damages
(2) [__] punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) according to proof
(2) (J in the amount of: $
15. [X] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
MV-1; MV-2; JOINT VENTURE
Date: Ja~ or nol
LEE C. ARTER
(TYPE OR PRINT NAME)
>
oS
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-00% (Rev. January 4, 2007] COMPLAINT—Personal Injury, Property Page of 3
Damage, Wrongful Death
PLD-PI-004(4
SHORT TITLE: SOTO VS. SANCHEZ CASE NUMBER:
FIRST CAUSE OF ACTION—Motor Vehicle
(aumber)
ATTACHMENT TO | x |Comolaint_| [Cross -Complaint. _ —
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): ROSA SOTO
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): 01/01/2015
at (place): At or near State Route 41 and Central Avenue, Fresno, CA
At said time and place, defendants, and each of them, negligently and carelessly
operated, maintained and controlled their vehicle so as to cause a collision,
plaintiff was travelling as a passenger in the defendants' vehicle causing the
injuries and damages herein
Mv-2. DEFENDANTS
The defendants who operated a motor vehicle are (names): MARIA DOLORES MENDOZA-SANCHEZ;
JUAN PORTILLO ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH
Does 1 to 100
The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMIRANO;
THONY VONGPHACHANE; PHAENGSY VONGPHACHANH
Does 1 to 100
The defendants who owned the motor vehicle which was operated with their permission are (names):
MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMIRANO; THONY
VONGPHACHANH; PHAENGSY VONGPHACHANH
Does 1 to 100
The defendants who entrusted the motor vehicle are (names): MARIA DOLORES MENDOZA-SANCHEZ;
JUAN PORTILLO ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH
Does 1 to 100
e. EX] The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO
ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH
Does 1 to 100
§, [the defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
[] listed in Attachment MV-2f (“as follows:
(J Dees to Page
1 of 1
Farm Approved for Optional Use
Judicial Council af California CAUSE OF ACTION—Motor Vehicle sohin s Code
ef Civil Prowadure 425-12
PLD-PI-001(1) [Rew. January 4, 2007]
PETITIONER/PLAINTIFF: ROSA SOTO CASE NUMBER:
RESPONDENT/DEFENDANT: MARTA DOLORES MENDOZA-SANCHEZ, BT AL.,
At all times herein relevant, each of the defendants was an agent, servant, or
employee of each
of the remaining defendants, and were at all times acting
coe within the time. purpose or scope of that a C) Vor emplLoymen and aching.
with th express or implie! d knowledge, permission, or consent or the remaining
defendants, and each of them, and thereafter each said defendants approved and
ratified said wrongful conduct.
At all times herein relevant, each of the defendants was a joint venturer of
each of the remaining defendants in that they combined their property, skill
or knowledge to carry out a single business undertaking and agreed to share
the control, profits and losses of that undertaking.
Si ns"
Us
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PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY | LEE C. ARTER, STATE BAR NO.: 145991 LAW OFFICES OF LEE C. ARTER 3701 WILSHIRE BOULEVARD, SUITE 535 E-FILED LOS ANGELES, CA 90010 12/15/16 TELEPHONE NO: (213) 384-9533 FAX NO. (Optional): FRESNO COUNTY SUPERIOR CQURT E-MAIL ADDRESS (Optional) ATTORNEY FOR name: PLATNIT EE a - — a a eens | By: J. Phillips, Deputy __ _ SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESN! street appress: 1130 O Street MAILING ADDRESS: Same CITY AND ziP cope: Fresno, CA 93721 BRANCH NAME: CIVIL PLAINTIFF: ROSA SOTO DEFENDANT: MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH [X] poesiTo 100 COMPLAINT—Personal Injury, Property Damage, Wrongful Death [__] AMENDED (Number): Type (check all that apply): [-X] MOTOR VEHICLE [_] OTHER (specify): Property Damage [-*] Wrongful Death Personal Injury {__] Other Damages (specify): Jurisdiction (check aff that apply): (—] ACTION IS A LIMITED CIVIL CASE CASE NUMBER: Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) 16CECG04028 (1 ACTION 1S RECLASSIFIED by this amended complaint [__] from limited to unlimited from unlimited to limited Plaintiff (name ornames):ROSA SOTO alleges causes of action against defendant (name or names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMTRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANK This pleading, including attachments and exhibits, consists of the following number of pages: 5 Each plaintiff named above is a competent adult a. (__] except plaintiff (name): (1) [J a corporation qualified to do business in California (2) [__] an unincorporated entity (desenbe): (3) [__] apublic entity (describe): (4) [-] aminor [__] an adult (a) (__] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [__] other (specify): (©) [_] other (specify): [_] except plaintiff (name): (1) (__] a corporation qualified to do business in California (2) [__] an unincorporated entity (describe): (3) [__] a public entity (describe): (4) [__] aminor an adult (a) L_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (bo) [J other (specify): (6) [__] other (specify): i [] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Paga1 of 3 Ferm Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 426.12 Judicial Council of California - PLD-PI-0O1 (Rev, January 1. 2007} Damage, Wrongful Death us PLD-PI-001 SHORT TITLE: SOTO VS. SANCHEZ CASE NUMBER: 4. ("_] Plaintiff (name): is doing business under the fictitious name (specify): eee — anaesasec cont a Wet Ae Tis ious bik less Taine aw: eve ee en ec ae coe 5. Each defendant named above is a natural person a. Cc except defendant (name): [jj except defendant (name): (1) [_] a business organization, form unknown (1) [-_] a business organization, form unknown (2) [__] acerporation (2) [J a corporation (3) [__] an unincorporated entity (describe): (3) [__] an unincorporated entity (describe): (4) [__] a public entity (describe): (4) (2 a publi¢ entity (describe): (6) [__] other (specify): (5) L_] other (specify): Cc) except defendant (name): {__] except defendant (name): (1) [_] a business organization, form unknown (1) Cy a business organization, form unknown (2) (__] a corporation (2) __] a corporation (3) [4 an unincorporated entity (describe): (3) [_] an unincorporated entity (describe): (4) __] a public entity (describe): (4) (_) a public entity (describe): (8) L_] other (specify): (5) (] other (specify): [_] Information about additional defendants who are not natural persons is contained in Attachment 5 The true names of defendants sued as Does are unknown to plaintiff. a.LX] Doe defendants (specify Doe numbers): 1-50 were the agents or employees of other named defendants and acted within the scope of that agency or employment. Doe defendants (specify Doe numbers): 50-51. are persons whose capacities are unknown to plaintiff. [_] Defendants who are joined under Code of Civil Procedure section 382 are (names): This court is the proper court because at least one defendant now resides inits jurisdictional area. . [__| the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred inits jurisdictional area. [5 other (specify): (1 Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): PLD-PL-001 [Rev. January 4, 2007] COMPLAINT—Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: SOTO VS. SANCHEZ CASE NUMBER: 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Motor Vehicle a. ao a te we te | “Gérieral Nagligance . FJ Intentional Tort . [__] Products Liability [_] Premises Liability Other (specify): JOINT VENTURE " Plaintiff has suffered wage loss loss of use of property hospital and medical expenses general damage property damage loss of earning capacity other damage (specify): 12, FE] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. L_] listed in Attachment 12. b.[__] as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14, Plaintiff prays for judgment for costs of suit; for such relief as fs fair, just, and equitable; and for a (1) compensatory damages (2) [__] punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof (2) (J in the amount of: $ 15. [X] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): MV-1; MV-2; JOINT VENTURE Date: Ja~ or nol LEE C. ARTER (TYPE OR PRINT NAME) > oS (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-00% (Rev. January 4, 2007] COMPLAINT—Personal Injury, Property Page of 3 Damage, Wrongful Death PLD-PI-004(4 SHORT TITLE: SOTO VS. SANCHEZ CASE NUMBER: FIRST CAUSE OF ACTION—Motor Vehicle (aumber) ATTACHMENT TO | x |Comolaint_| [Cross -Complaint. _ — (Use a separate cause of action form for each cause of action.) Plaintiff (name): ROSA SOTO 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): 01/01/2015 at (place): At or near State Route 41 and Central Avenue, Fresno, CA At said time and place, defendants, and each of them, negligently and carelessly operated, maintained and controlled their vehicle so as to cause a collision, plaintiff was travelling as a passenger in the defendants' vehicle causing the injuries and damages herein Mv-2. DEFENDANTS The defendants who operated a motor vehicle are (names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH Does 1 to 100 The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMIRANO; THONY VONGPHACHANE; PHAENGSY VONGPHACHANH Does 1 to 100 The defendants who owned the motor vehicle which was operated with their permission are (names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH Does 1 to 100 The defendants who entrusted the motor vehicle are (names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH Does 1 to 100 e. EX] The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): MARIA DOLORES MENDOZA-SANCHEZ; JUAN PORTILLO ALTAMIRANO; THONY VONGPHACHANH; PHAENGSY VONGPHACHANH Does 1 to 100 §, [the defendants who are liable to plaintiffs for other reasons and the reasons for the liability are [] listed in Attachment MV-2f (“as follows: (J Dees to Page 1 of 1 Farm Approved for Optional Use Judicial Council af California CAUSE OF ACTION—Motor Vehicle sohin s Code ef Civil Prowadure 425-12 PLD-PI-001(1) [Rew. January 4, 2007] PETITIONER/PLAINTIFF: ROSA SOTO CASE NUMBER: RESPONDENT/DEFENDANT: MARTA DOLORES MENDOZA-SANCHEZ, BT AL., At all times herein relevant, each of the defendants was an agent, servant, or employee of each of the remaining defendants, and were at all times acting coe within the time. purpose or scope of that a C) Vor emplLoymen and aching. with th express or implie! d knowledge, permission, or consent or the remaining defendants, and each of them, and thereafter each said defendants approved and ratified said wrongful conduct. At all times herein relevant, each of the defendants was a joint venturer of each of the remaining defendants in that they combined their property, skill or knowledge to carry out a single business undertaking and agreed to share the control, profits and losses of that undertaking. Si ns" Us