Preview
Shervin Lalezary, Esq. (Bar No. 260567) E-FILED
shervin@bhfirm.corn 5/4/2020 8:00 AM
Shawn Lalezary, Esq. (Bar No. 291733) Superior Court of California
shawn bhfirm.corn County of Fresno
Albert P. DiRocco, Jr., (Bar No. 115789) By: A. Rodriguez, Deputy
albert@bhfirm.corn
LALEZARY LAW FIRM, LLP
280 S. Beverly Drive, Suite 400
Beverly Hills, California, 90212
Phone: (310) 550-8888
Fax: (310) 550-8988
Attorneys for Plaintiff,
FRANCISCA IMELDA RUBIO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUM'Y OF FRESNO
12 Case No.:
Francisca Imelda Rubio, an individual; 20CECG01190
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14 Plaintiff, COMPLAINT FOR DAMAGES
15 1. MOTOR VEHICLE NEGLIGENCE
vs. 2. GENK14Q NEGLIGENCE
16 3. NEGLIGENT ENTRUSTMENT
Raymond Denny Shaw, an individual; 4. RESPONDEAT SUPERIOR
17 Johnson's Boiler 4 Control, Inc, a
California Corporation; and DOES 1 to 50,
18 inclusive.
[DEhb&lD FOR TRIAL BY JURY]
19 Defendant.
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21 COMES NOW Plaintiff FRANCISCA IMELDA RUBIO (hereinafter "Plaintiff') and alleges as
22 follows:
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Plaintiff is an individual and at all relevant times, was and is a resident of the
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County of FRESNO in the State of California.
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2. Defendant RAYMOND DENNY SHAW (hereinaAer "Defendant" ) is an individual
27 and at all relevant times was and is a resident of the County of FRESNO in the State of California.
PLAINTIFF'S COMPLAINT FOR DAMAGES
3. Defendant, JOHNSON'S BOILER Ec CONTROL, INC., (hereinafter "Defendant" ),
is a corporation operating and doing business in the County of Freson in the State of California.
4 The true names or capacities, whether individual, corporate, associate or otherwise
of the Defendants designated herein as DOES 1 through 50, inclusive, and each of them, are
unknown to Plaintiff, who therefore sues said Defendants by such fictitious names, and Plaintiff
will ask leave to amend this Complaint at such time as the true names and/or capacities are
ascertained. Plaintiff is informed and believes, and thereon alleges, that each of the Defendants
designated herein as a DOE is negligently or otherwise responsible in some manner for the events
10 and happenings herein referred to and negligently caused the injuries and damages to Plaintiff as
herein alleged.
12 5. Plaintiff is informed and believes, and thereon alleges, that at all times herein
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mentioned, Defendants, and Does 1 to 50, inclusive, and each of them, were the owners, lessors,
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and/or entrustors of a vehicle driven by Defendant on June 28, 2018.
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6. Plaintiff is informed and believes, and thereon alleges, that at all relevant times
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herein mentioned, Defendants and Does 1 to 50, inclusive, and each of them, were operators of the
above-mentioned vehicle.
19 FIRST CAUSE OF ACTION
(Motor Vehicle Negligence)
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7. Plaintiff incorporates herein by reference, as though fully set forth at length, each
22 and every allegation and statement contained in the preceding and subsequent paragraphs.
23 On or about June 28, 2018, Plaintiff was traveling northbound on State Route 99 in
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Delhi, California. At or about the same time, Defendant SHAW was traveling northbound on State
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Route 99 when he violently collided into the rear end of Plaintiff s vehicle.
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9. Defendant, and Does 1 to 50, and Does 1 to 50, inclusive, so negligently entrusted,
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managed, maintained, drove and operated their vehicle including, but certainly not limited to, the
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PLAINTIFFS COMPLAINT FOR DAMAGES
use of Defendant's cellphone at or about the time of this accident, so as to proximately cause
Defendant and Plaintiff's vehicles to collide causing the hereinafter described injuries and
damages to Plaintiff. As a result of Defendant s reckless conduct, Plaintiff s vehicle was severely
damaged and Plaintiff suffered grave bodily injury.
10. In their operation of their vehicle, Defendants, and each of them, violated statutes,
laws and regulations including, but not limited to, statutes, laws and regulations relating to safe
operation of a vehicle, maintaining control of a vehicle, traveling at a safe speed for the
conditions, keeping a proper look-out, and other traffic safety rules and regulations.
10 11. As a direct and proximate result of the conduct of Defendants, and each of them,
Plaintiff was injured in health, strength and activity, sustaining injury to the body and shock and
12 injury to the nervous systems and persons, all of which said injuries have caused, and continue to
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cause Plaintiff great physical, mental and nervous pain, suffering and anguish, all to Plaintiff's
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general damage in a sum in excess of the minimal jurisdictional requirements of this Court to be
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determined at some future date, according to law. Accordingly, Plaintiff will seek prejudgment
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interest, pursuant to the provisions of California Civil Code section 3291.
12. As a further direct and proximate result of the negligence of Defendants, and each
19 of them, Plaintiff is required to, and did, employ physicians, surgeons and other health care
20 practitioners to examine, treat and care for Plaintiff, and did incur medical and incidental expense.
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The exact amount of such expense is unknown to Plaintiff at this time, and Plaintiff will ask leave
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to amend this Complaint to set forth the exact amount thereof when the same is ascertained.
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13. Venue in this Court is proper in that the cause of action occurred within this
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25 district, and/or at least one Defendant resides in this judicial district.
26 14. Jurisdiction in this court is proper in that the principal amount in controversy is in
27 excess of $ 25,000.00.
2S
PLAINTIFF'S COMPLAINT FOR DAMAGES
SECOND CAUSE OF ACTION
(Negligence)
15. Plaintiff incorporates herein by reference, as though fully set forth at length, each
and every allegation and statement contained in the preceding and subsequent paragraphs.
16. Plaintiff is informed and believes, and thereon alleges, they were further injured
due to the general negligent acts or omissions by Defendants, and each of them.
17. As a direct and proximate result of the above described carelessness and negligence
of Defendants, and each of them, Plaintiff sustained the heretofore and hereinafter described
injuries and damages.
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18. As a further direct and proximate result of the conduct of the Defendants, and each
of them, Plaintiff was injured physically, emotionally and financially. All of said injuries have
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caused, and continue to cause Plaintiff great physical, mental and nervous pain, suffering and
14 anguish, all to Plaintiff's general damage in a sum in excess of the minimal jurisdictional
15 requirements of this Court to be determined at some future date, according to law. Accordingly,
16 Plaintiff will seek prejudgment interest, pursuant to the provisions of California Civil Code,
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53291.
THIRD CAUSE OF ACTION
19 (Negligent Entrustment)
20 19. Plaintiff incorporates herein by reference, as though fully set forth at length, each
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and every allegation and statement contained in the preceding and subsequent paragraphs.
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20. On the date and time of the collision alleged in this Complaint, Defendant SHAW
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was using, operating, and driving a vehicle with the permission, consent and knowledge of
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25 Defendant JOHNSON'S BOILER 8'c CONTROL, INC. As such, Defendant JOHNSON'S BOILER
26 8'cCONTROL, INC., is vicariously liable for negligent entrustment of the vehicle that was driven
27 by Defendant SHAW.
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PLAINTIFF'S COMPLAINT FOR DAMAGES
21. At all times alleged in this Complaint, Defendant SHAW was a careless and
reckless person in general and a careless and reckless driver of automobiles in particular. Although
3 Defendant JOHNSON'S BOILER Ec CONTROL, INC., knew or should have known that
4 Defendant SHAW was a careless and reckless driver, this Defendant nevertheless negligently
permitted SHAW to operate the vehicle.
22. On June 28, 2018 when Defendant JOHNSON'S BOILER 4, CONTROL, INC.,
supplied and entrusted the subject vehicle to Defendant SHAW, they knew, or in the exercise of
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reasonabI e care should have known, that Defendant SHAW was an unfit driver and would create
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10 an unreasonable risk of danger to persons and property on the public streets and highways.
23. As a proximate result of the negligence of Defendant JOHNSON'S BOILER Ez,
CONTROL, INC., and the resulting collision as previously alleged, the Plaintiff suffered grave
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bodily injuries and damages.
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FOURTH CAUSE OF ACTION
15 (Respondeat Superior)
16 24. Plaintiffs interpret herein as reference, as thoughtfully set forth at length, lack and
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every allegation and statement in the proceeding and subsequent paragraphs.
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25. At all times alleged in the complaint Defendant SHAW was an employee and/or
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agent of the Defendant JOHNSON'S BOILER 8'c CONTROL, INC.
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21 26. At all times alleged in the complaint Defendant JOHNSON'S BOILER 8c
CONTROL, INC., was an employee and/or principal of Defendant SHAW.
23 27. At all times alleged in the complaint Defendant SHAW was acting within the scope
24 of his employment/authority/agency from Defendant JOHNSON'S BOILER 8'c CONTROL, INC.
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28. By the nature of the relationship between Defendant JOHNSON'S BOILER 8'c
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CONTROL, INC., and Defendant SHAW including, but not limited to, the right to control how
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Defendant SHAW performed his work and the ability to, in effect, discharge Defendant SHAW.
PLAINTIFF'S COMPLAINT FOR DAMAGES
RE UEST FOR JURY TRIAL
29. Plaintiffhereby requests atrial by jury on all claims for relief alleged in, and on all
issues raised by, this Complaint.
WHEREFORE, Plaintiff pray as follows:
FIRST SECOND THIRD & FOURTH CAUSES OF ACTION
For all general damages, according to proof;
For all special damages, according to proof;
For medical and health care expenses, according to proof;
For costs and pre-judgment interest;
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For such other and further relief as the court may deem just and proper.
12 DATED: April 3, 2020
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LALEZAR FIRM,LLP
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16 By:
Shawn 1 ry, Esq
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Attorney for Plaintiff
FRANCISCA IMELDA RUBIO
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PLAINTIFFS COMPLAINT FOR DAMAGES