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PLD-PI-001
Aycjirty4bPAg.TYGigiHgtgo-rmeregr4,.615e7Bor4umber, and address): FOR COURT USE ONLY
—HARMANDEEP KAUR, SBN.297976
BERG INJURY LAWYERS
1317 Oakdale Rd., Suite 500
Modesto, CA 95355 E-FILED
TELEPHONE NO: (209) 575-3600 (209) 575-2812
FAX NO. (Optional): 3/13/2020 5:04 PM
E-MAIL ADDRESS (Optional): Superior Court of California
PLAINTIFF
ATTORNEY FOR (Name):
County of Fresno
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
1130 0 Street
STREET ADDRESS:
By: C. York, Deputy
MAILING ADDRESS: 1130 0 Street
CITY AND ZIP CODE: Fresno, CA 93721-2220
BRANCH NAME:
PLAINTIFF: SARAH CASEY
DEFENDANT: ISAAC MATAESPARZA, JOHN DOE, and
[X DOES 1 TO 20.
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
AMENDED (Number):
Type (check all that apply):
IX I MOTOR VEHICLE X I OTHER (specify): GENERAL NEGLIGENCE
Ix Property Damage I Wrongful Death
Ix Personal Injury IX Other Damages (specify): EXEMPLARY
DAMAGES
Jurisdiction (check all that apply):
ACTION IS A LIMITED CIVIL CASE CASE NUMBER.
20CECG00947
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
X ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint
I I from limited to unlimited
I I from unlimited to limited
Plaintiff (name or names): SARAH CASEY
alleges causes of action against defendant (name or names): ISAAC MATAESPARZA, JOHN DOE, and DOES 2-20.
2. This pleading, including attachments and exhibits, consists of the following number of pages: SIX
3. Each plaintiff named above is a competent adult
a. except plaintiff (name):
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor I I an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) other (specify):
(5) other(specify):
b. I except plaintiff (name):
(1) a corporation qualified to do business in California
(2) I an unincorporated entity (describe):
(3) I a public entity (describe):
(4) I I a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) other (specify):
(5) other (specify):
Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12
Judicial Council of California
PLD-PI-001 [Rev. January 1. 2007) Damage, Wrongful Death A:
PLD-PI-001
SHORT TITLE: CASEY v. MATAESPARZA, et al. CASE NUMBER:
4. Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. except defendant (name): C. except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) I a public entity (describe): (4) a public entity (describe):
(5) I I other (specify): (5) other (specify):
b. except defendant (name): d. except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) I a public entity (describe): (4) I a public entity (describe):
(5) I I other (specify): (5) other (specify):
Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
a. I X Doe defendants (specify Doe numbers): 1-10 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. X I Doe defendants (specify Doe numbers): 11-20 are persons whose capacities are unknown to
plaintiff.
7. Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. x at least one defendant now resides in its jurisdictional area.
b. I the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. I x injury to person or damage to personal property occurred in its jurisdictional area.
d. other (specify):
9. Plaintiff is required to comply with a claims statute, and
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
PLD-PI-001 (Rev. January 1, 2007] Page 2 of 3
COMPLAINT—Personal Injury, Property
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASEY v. MATAESPARZA, et al. 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):
a. X Motor Vehicle
b. X General Negligence
c. Intentional Tort
d. Products Liability
e. Premises Liability
f. Other (specify):
11. Plaintiff has suffered
a. X wage loss
b. I X loss of use of property
c. X hospital and medical expenses
d. X general damage
e. I X property damage
f. X loss of earning capacity
g. x other damage (specify): See Exemplary Damages Attached.
12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. listed in Attachment 12.
b. as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) x compensatory damages
(2) X punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) IX according to proof
(2) in the amount of: $
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
All paragraphs of this complaint are alleged on information and belief.
Date: 03/13/2020
HARMANDEEP KAUR
(TYPE OR PRINT NAME) IGNATUR F PLAINTIFF OR ATTORNEY)
PLO-PI-001 (Rev. January 1, 2007] Page 3 of 3
COMPLAINT—Personal Injury, Property
Damage, Wrongful Death
PLD-P1-001(1)
SHORT TITLE: CASEY v. MATAESPARZA, et al. CASE NUMBER:
FIRST CAUSE OF ACTION—Motor Vehicle
(number)
ATTACHMENT TO x I Complaint I I Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): SARAH CASEY
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): 04/02/2018
at (place): East Barton Avenue, approximately 8 feet south of North Princeton Avenue, in an
unincorporated area of Fresno County, State of California.
MV-2. DEFENDANTS
a. x The defendants who operated a motor vehicle are (names): ISAAC MATAESPARZA, JOHN DOE, and
X Does 2 to 20.
b. X The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names): ISAAC MATAESPARZA, JOHN DOE, and
Ix Does 2 to 20.
c. X The defendants who owned the motor vehicle which was operated with their permission are (names):
ISAAC MATAESPARZA, JOHN DOE, and
Does 2 to 20.
d. The defendants who entrusted the motor vehicle are (names): ISAAC MATAESPARZA, JOHN DOE,
and
Ix Does 2 to 20.
e. I xThe defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names): ISAAC MATAESPARZA, JOHN DOE, and
X Does 2 to 20.
f IX I The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
I I listed in Attachment MV-2f X as follows:
Defendants, and each of them, did so negligently own, operate, supervise, control, entrust,
maintain, and repair their motor vehicle so as to cause their motor vehicle to collide with and
strike Plaintiff, SARAH CASEY, a bicyclist. As a direct and proximate result of Defendants'
negligence, said Plaintiff suffered serious injuries and damages as herein alleged.
X Does 2 to 20. Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure 425.12
Judicial Council of California CAUSE OF ACTION—Motor Vehicle
PLD-PI-001(1) [Rev. January 1,2007] S {fen
lius s
PLD-PI-001 (2)
SHORT TITLE: CASEY v. MATA ESPARZA, et al. CASE NUMBER:
SECOND CAUSE OF ACTION—General Negligence Page FIVE
(number)
ATTACHMENT TO X Complaint Cross - Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): SARAH CASEY
alleges that defendant (name): ISAAC MATAESPARZA, JOHN DOE, and
Does 2 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): 04/02/2018
at (place): East Barton Avenue, approximately 8 feet south of North Princeton Avenue, in an
unincorporated area of Fresno County, State of California.
(description of reasons for liability):
Plaintiff realleges and incorporates herein by reference, each and every allegation contained in Plaintiff's First
Cause of Action, as fully and completely as if said allegations were set forth herein in full.
Plaintiff further alleges that Defendants, ISAAC MATAESPARZA, JOHN DOE, and DOES 2-20, negligently
owned, operated, inspected, serviced, repaired, maintained, entrusted, hired operating personnel, trained
operating personnel, and otherwise controlled or negligently failed to control a vehicle in such a manner and
after such a time when said Defendants knew, or should have known, through the exercise of reasonable
care, that such negligent conduct, specifically negligent entrustment, hiring, and supervision of Defendants,
JOHN DOE, and DOES 2-20, would be likely to cause injury to the Plaintiff and others similarly situated.
As a direct and proximate result of said Defendants' negligent conduct, as herein alleged, a vehicle operated
by Defendant, JOHN DOE, and DOES 2-20, was caused to collide with and strike a motor vehicle operated
by Plaintiff, SARAH CASEY, causing serious injuries and damages as herein alleged.
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure 425.12
Judicial Council of California
CAUSE OF ACTION—General Negligence te Sns-
PLD-PI-001(2) [Rev. January 1,2007] Solu
Q 0ills
PLD-PI-001(6
SHORT TITLE: CASEY v. MATAESPARZA, et al. CASE NUMBER
Page SIX
Exemplary Damages Attachment
ATTACHMENT TO x Complaint Cross-Complaint
EX-1. As additional damages against defendant (name): ISAAC MATAESPARZA, JOHN DOE, and DOES 2-20.
Plaintiff alleges defendant was guilty of
malice
fraud
oppression
as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages
to make an example of and to punish defendant.
EX-2. The facts supporting plaintiffs claim are as follows:
The aforementioned acts of Defendant, were willful, deceitful and wanton in that Defendant
demonstrated a conscious and deliberate disregard for the rights, safety and interests of others by
failing to stop at the scene of an accident, seeking to conceal material facts, and failing to provide
any identification or contact information in violation of Motor Vehicle Code § 20001-20010.
The aforementioned acts of Defendants, ISAAC MATAESPARZA, JOHN DOE, were willful and
wanton, in that said Defendants demonstrated a conscious and deliberate disregard of the rights,
safety, and interests of others by deliberately leaving the scene of the accident. At the time they
undertook such actions, Defendants knew fully the risks that his behavior posed to the legal rights and
safety of others, yet knowingly and deliberately proceeded to drive away from an accident Defendants
caused.
As a direct and proximate result of this collision, Plaintiff, SARAH CASEY, suffered severe physical
injuries and other damages, as herein alleged.
Plaintiff therefore prays for an award of exemplary damages against Defendants, ISAAC
MATAESPARZA, JOHN DOE, to punish them and to make an example of them; and to deter them
and others from committing similar despicable acts such as those alleged herein in the future.
EX-3. The amount of exemplary damages sought is
a. X not shown, pursuant to Code of Civil Procedure section 425.10.
bi $
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California EXEMPLARY DAMAGES ATTACHMENT
PLD-PI-001(8) [Rev. January 1,2007] u opus-
Eat Pius
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PLD-PI-001 Aycjirty4bPAg.TYGigiHgtgo-rmeregr4,.615e7Bor4umber, and address): FOR COURT USE ONLY —HARMANDEEP KAUR, SBN.297976 BERG INJURY LAWYERS 1317 Oakdale Rd., Suite 500 Modesto, CA 95355 E-FILED TELEPHONE NO: (209) 575-3600 (209) 575-2812 FAX NO. (Optional): 3/13/2020 5:04 PM E-MAIL ADDRESS (Optional): Superior Court of California PLAINTIFF ATTORNEY FOR (Name): County of Fresno SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO 1130 0 Street STREET ADDRESS: By: C. York, Deputy MAILING ADDRESS: 1130 0 Street CITY AND ZIP CODE: Fresno, CA 93721-2220 BRANCH NAME: PLAINTIFF: SARAH CASEY DEFENDANT: ISAAC MATAESPARZA, JOHN DOE, and [X DOES 1 TO 20. COMPLAINT—Personal Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): IX I MOTOR VEHICLE X I OTHER (specify): GENERAL NEGLIGENCE Ix Property Damage I Wrongful Death Ix Personal Injury IX Other Damages (specify): EXEMPLARY DAMAGES Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE CASE NUMBER. 20CECG00947 Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 X ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint I I from limited to unlimited I I from unlimited to limited Plaintiff (name or names): SARAH CASEY alleges causes of action against defendant (name or names): ISAAC MATAESPARZA, JOHN DOE, and DOES 2-20. 2. This pleading, including attachments and exhibits, consists of the following number of pages: SIX 3. Each plaintiff named above is a competent adult a. except plaintiff (name): (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor I I an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other(specify): b. I except plaintiff (name): (1) a corporation qualified to do business in California (2) I an unincorporated entity (describe): (3) I a public entity (describe): (4) I I a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12 Judicial Council of California PLD-PI-001 [Rev. January 1. 2007) Damage, Wrongful Death A: PLD-PI-001 SHORT TITLE: CASEY v. MATAESPARZA, et al. CASE NUMBER: 4. Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): C. except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) I a public entity (describe): (4) a public entity (describe): (5) I I other (specify): (5) other (specify): b. except defendant (name): d. except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) I a public entity (describe): (4) I a public entity (describe): (5) I I other (specify): (5) other (specify): Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. I X Doe defendants (specify Doe numbers): 1-10 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. X I Doe defendants (specify Doe numbers): 11-20 are persons whose capacities are unknown to plaintiff. 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. x at least one defendant now resides in its jurisdictional area. b. I the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. I x injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): 9. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): PLD-PI-001 (Rev. January 1, 2007] Page 2 of 3 COMPLAINT—Personal Injury, Property Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASEY v. MATAESPARZA, et al. 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): a. X Motor Vehicle b. X General Negligence c. Intentional Tort d. Products Liability e. Premises Liability f. Other (specify): 11. Plaintiff has suffered a. X wage loss b. I X loss of use of property c. X hospital and medical expenses d. X general damage e. I X property damage f. X loss of earning capacity g. x other damage (specify): See Exemplary Damages Attached. 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. listed in Attachment 12. b. as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) x compensatory damages (2) X punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) IX according to proof (2) in the amount of: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): All paragraphs of this complaint are alleged on information and belief. Date: 03/13/2020 HARMANDEEP KAUR (TYPE OR PRINT NAME) IGNATUR F PLAINTIFF OR ATTORNEY) PLO-PI-001 (Rev. January 1, 2007] Page 3 of 3 COMPLAINT—Personal Injury, Property Damage, Wrongful Death PLD-P1-001(1) SHORT TITLE: CASEY v. MATAESPARZA, et al. CASE NUMBER: FIRST CAUSE OF ACTION—Motor Vehicle (number) ATTACHMENT TO x I Complaint I I Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): SARAH CASEY 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): 04/02/2018 at (place): East Barton Avenue, approximately 8 feet south of North Princeton Avenue, in an unincorporated area of Fresno County, State of California. MV-2. DEFENDANTS a. x The defendants who operated a motor vehicle are (names): ISAAC MATAESPARZA, JOHN DOE, and X Does 2 to 20. b. X The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): ISAAC MATAESPARZA, JOHN DOE, and Ix Does 2 to 20. c. X The defendants who owned the motor vehicle which was operated with their permission are (names): ISAAC MATAESPARZA, JOHN DOE, and Does 2 to 20. d. The defendants who entrusted the motor vehicle are (names): ISAAC MATAESPARZA, JOHN DOE, and Ix Does 2 to 20. e. I xThe defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): ISAAC MATAESPARZA, JOHN DOE, and X Does 2 to 20. f IX I The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are I I listed in Attachment MV-2f X as follows: Defendants, and each of them, did so negligently own, operate, supervise, control, entrust, maintain, and repair their motor vehicle so as to cause their motor vehicle to collide with and strike Plaintiff, SARAH CASEY, a bicyclist. As a direct and proximate result of Defendants' negligence, said Plaintiff suffered serious injuries and damages as herein alleged. X Does 2 to 20. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTION—Motor Vehicle PLD-PI-001(1) [Rev. January 1,2007] S {fen lius s PLD-PI-001 (2) SHORT TITLE: CASEY v. MATA ESPARZA, et al. CASE NUMBER: SECOND CAUSE OF ACTION—General Negligence Page FIVE (number) ATTACHMENT TO X Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): SARAH CASEY alleges that defendant (name): ISAAC MATAESPARZA, JOHN DOE, and Does 2 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): 04/02/2018 at (place): East Barton Avenue, approximately 8 feet south of North Princeton Avenue, in an unincorporated area of Fresno County, State of California. (description of reasons for liability): Plaintiff realleges and incorporates herein by reference, each and every allegation contained in Plaintiff's First Cause of Action, as fully and completely as if said allegations were set forth herein in full. Plaintiff further alleges that Defendants, ISAAC MATAESPARZA, JOHN DOE, and DOES 2-20, negligently owned, operated, inspected, serviced, repaired, maintained, entrusted, hired operating personnel, trained operating personnel, and otherwise controlled or negligently failed to control a vehicle in such a manner and after such a time when said Defendants knew, or should have known, through the exercise of reasonable care, that such negligent conduct, specifically negligent entrustment, hiring, and supervision of Defendants, JOHN DOE, and DOES 2-20, would be likely to cause injury to the Plaintiff and others similarly situated. As a direct and proximate result of said Defendants' negligent conduct, as herein alleged, a vehicle operated by Defendant, JOHN DOE, and DOES 2-20, was caused to collide with and strike a motor vehicle operated by Plaintiff, SARAH CASEY, causing serious injuries and damages as herein alleged. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTION—General Negligence te Sns- PLD-PI-001(2) [Rev. January 1,2007] Solu Q 0ills PLD-PI-001(6 SHORT TITLE: CASEY v. MATAESPARZA, et al. CASE NUMBER Page SIX Exemplary Damages Attachment ATTACHMENT TO x Complaint Cross-Complaint EX-1. As additional damages against defendant (name): ISAAC MATAESPARZA, JOHN DOE, and DOES 2-20. Plaintiff alleges defendant was guilty of malice fraud oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. EX-2. The facts supporting plaintiffs claim are as follows: The aforementioned acts of Defendant, were willful, deceitful and wanton in that Defendant demonstrated a conscious and deliberate disregard for the rights, safety and interests of others by failing to stop at the scene of an accident, seeking to conceal material facts, and failing to provide any identification or contact information in violation of Motor Vehicle Code § 20001-20010. The aforementioned acts of Defendants, ISAAC MATAESPARZA, JOHN DOE, were willful and wanton, in that said Defendants demonstrated a conscious and deliberate disregard of the rights, safety, and interests of others by deliberately leaving the scene of the accident. At the time they undertook such actions, Defendants knew fully the risks that his behavior posed to the legal rights and safety of others, yet knowingly and deliberately proceeded to drive away from an accident Defendants caused. As a direct and proximate result of this collision, Plaintiff, SARAH CASEY, suffered severe physical injuries and other damages, as herein alleged. Plaintiff therefore prays for an award of exemplary damages against Defendants, ISAAC MATAESPARZA, JOHN DOE, to punish them and to make an example of them; and to deter them and others from committing similar despicable acts such as those alleged herein in the future. EX-3. The amount of exemplary damages sought is a. X not shown, pursuant to Code of Civil Procedure section 425.10. bi $ Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California EXEMPLARY DAMAGES ATTACHMENT PLD-PI-001(8) [Rev. January 1,2007] u opus- Eat Pius