arrow left
arrow right
  • Francisca Rubio vs. Raymond Shaw23 Unlimited - Other PI/PD/WD document preview
  • Francisca Rubio vs. Raymond Shaw23 Unlimited - Other PI/PD/WD document preview
  • Francisca Rubio vs. Raymond Shaw23 Unlimited - Other PI/PD/WD document preview
  • Francisca Rubio vs. Raymond Shaw23 Unlimited - Other PI/PD/WD document preview
  • Francisca Rubio vs. Raymond Shaw23 Unlimited - Other PI/PD/WD document preview
  • Francisca Rubio vs. Raymond Shaw23 Unlimited - Other PI/PD/WD document preview
  • Francisca Rubio vs. Raymond Shaw23 Unlimited - Other PI/PD/WD document preview
  • Francisca Rubio vs. Raymond Shaw23 Unlimited - Other PI/PD/WD document preview
						
                                

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 10 COUM'Y OF FRESNO 12 Case No.: Francisca Imelda Rubio, an individual; 20CECG01190 13 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. 20 21 COMES NOW Plaintiff FRANCISCA IMELDA RUBIO (hereinafter "Plaintiff') and alleges as 22 follows: 23 Plaintiff is an individual and at all relevant times, was and is a resident of the 24 County of FRESNO in the State of California. 25 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 13 mentioned, Defendants, and Does 1 to 50, inclusive, and each of them, were the owners, lessors, 14 and/or entrustors of a vehicle driven by Defendant on June 28, 2018. 15 6. Plaintiff is informed and believes, and thereon alleges, that at all relevant times 16 17 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) 20 21 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 24 Delhi, California. At or about the same time, Defendant SHAW was traveling northbound on State 25 Route 99 when he violently collided into the rear end of Plaintiff s vehicle. 26 9. Defendant, and Does 1 to 50, and Does 1 to 50, inclusive, so negligently entrusted, 27 managed, maintained, drove and operated their vehicle including, but certainly not limited to, the 28 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 13 cause Plaintiff great physical, mental and nervous pain, suffering and anguish, all to Plaintiff's 14 general damage in a sum in excess of the minimal jurisdictional requirements of this Court to be 15 determined at some future date, according to law. Accordingly, Plaintiff will seek prejudgment 16 17 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. 21 The exact amount of such expense is unknown to Plaintiff at this time, and Plaintiff will ask leave 22 to amend this Complaint to set forth the exact amount thereof when the same is ascertained. 23 13. Venue in this Court is proper in that the cause of action occurred within this 24 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. 10 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 12 13 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, 17 53291. THIRD CAUSE OF ACTION 19 (Negligent Entrustment) 20 19. Plaintiff incorporates herein by reference, as though fully set forth at length, each 21 and every allegation and statement contained in the preceding and subsequent paragraphs. 22 20. On the date and time of the collision alleged in this Complaint, Defendant SHAW 23 was using, operating, and driving a vehicle with the permission, consent and knowledge of 24 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. 28 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 8 reasonabI e care should have known, that Defendant SHAW was an unfit driver and would create 9 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 13 bodily injuries and damages. 14 FOURTH CAUSE OF ACTION 15 (Respondeat Superior) 16 24. Plaintiffs interpret herein as reference, as thoughtfully set forth at length, lack and 17 every allegation and statement in the proceeding and subsequent paragraphs. 18 25. At all times alleged in the complaint Defendant SHAW was an employee and/or 19 agent of the Defendant JOHNSON'S BOILER 8'c CONTROL, INC. 20 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. 25 28. By the nature of the relationship between Defendant JOHNSON'S BOILER 8'c 26 CONTROL, INC., and Defendant SHAW including, but not limited to, the right to control how 27 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; 10 For such other and further relief as the court may deem just and proper. 12 DATED: April 3, 2020 13 LALEZAR FIRM,LLP 14 15 16 By: Shawn 1 ry, Esq 17 Attorney for Plaintiff FRANCISCA IMELDA RUBIO 18 19 20 71 22 23 24 25 26 27 28 PLAINTIFFS COMPLAINT FOR DAMAGES