Preview
1 Yosi Yahoudai, Esq. SBN 250679 E-FILED
Jason B. Javaheri, Esq. SBN 256173 5/4/2020 8:00 AM
2 R. Bret Beattie, Esq., SBN: 150068 Superior Court of California
Katherine E. Harvey-Lee, Esq., SBN: 216135 County of Fresno
3 JAVAHERI & YAHOUDAI By: A. Rodriguez, Deputy
A Professional Law Corporation
4 1880 Century Park East, Suite 717
Los Angeles, California 90067
5 Telephone: (310) 407-0766
Facsimile: (310) 407-0767
6
Attorneys for Plaintiff, TERRALEE PEREZ
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF FRESNO – B. F. SISK COURTHOUSE
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TERRALEE PEREZ, an Individual, Case No.: 20CECG01255
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Plaintiff, PLAINTIFF’S COMPLAINT FOR
13 DAMAGES:
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vs.
1. GENERAL NEGLIGENCE
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JOSEPH G. CASTLE, an Individual; DORISS 2. MOTOR VEHICLE
ALLEGRA, an Individual; and DOES 1 to 25, 3. NEGLIGENT ENTRUSTMENT
16 Inclusive,
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Defendants.
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COMES NOW, Plaintiff, TERRALEE PEREZ, complains and alleges as
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follows:
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GENERAL ALLEGATIONS
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1. TERRALEE PEREZ, an individual, hereinafter (“Plaintiff”) was and/or still is
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residing in Fresno, California 93727.
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2. Plaintiff is informed and believes, and thereon alleges, that JOSEPH G.
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CASTLE, an individual, hereinafter (“Defendant, CASTLE”) was and/or still is residing in
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Fresno, California 93726.
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1
PLAINTIFF’S COMPLAINT FOR DAMAGES
1 3. Plaintiff is informed and believes, and thereon alleges, that DORISS ALLEGRA,
2 an individual, hereinafter (“Defendant, ALLEGRA”) was and/or still is residing in Santa Cruz,
3 California 95060.
4 4. Plaintiff is informed and believes, and thereon alleges, that Defendants at all
5 times mentioned in this Complaint, were the owners of a Green, 1995, Honda Civic bearing
6 California license plate number AQZ4216 hereinafter (“Defendants Vehicle”).
7 5. (“Defendant, CASTLE”) was at all times mentioned herein the driver of
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Defendants Vehicle.
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6. Based on information and belief, (“Defendant, ALLEGRA”) entrusted
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Defendants Vehicle to (“Defendant, CASTLE”).
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7. At all times mentioned herein, the accident subject to this action occurred on E.
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Gettysburg Avenue and N. First Street, Fresno, California 93726, hereinafter referred to as
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(“Subject Location”).
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8. The true names and capacities of DOES 1 to 25 Inclusive, whether individual,
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corporate, associate or otherwise, are unknown to Plaintiff, who therefore sues such Defendants
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by fictitious names pursuant to California Code of Civil Procedure Section 474. Plaintiff will
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amend this Complaint when such names have been ascertained. Plaintiff is informed and
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believes, and thereon alleges, that each of the fictitiously named Defendants are responsible in
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some manner for the occurrences alleged and that Plaintiff injuries and damages as alleged were
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proximately caused by their conduct. The known Defendants and DOE Defendants will
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collectively be referred to as Defendants.
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9. Plaintiff is informed and believes, and thereon alleges, that each of the DOE
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Defendants at all relevant times were the agents, employees, servants, joint ventures, directors,
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fiduciaries, representatives, and/or co-conspirators of each of the remaining Defendants. That
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the Defendants, in doing the things alleged, were acting within the course and scope of such
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relationship and are responsible in some manner for the occurrences alleged and, as a proximate
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cause, of Plaintiff’s damages as alleged.
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2
PLAINTIFF’S COMPLAINT FOR DAMAGES
1 10. Plaintiff is informed and believes, and thereon alleges, that Defendants
2 committed other wrongful acts or omissions of which Plaintiff is presently unaware. Such acts
3 are ongoing and will continue after the filing of this action. Plaintiff will seek leave of the
4 Court to amend this Complaint when Plaintiff discovers these other acts and/or omissions of
5 such Defendants.
6 FACTUAL ALLEGATIONS
7 11. Plaintiff re-alleges and incorporates by reference paragraphs previously alleged
8
in this Complaint, as though fully set forth herein.
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12. On May 24, 2018, Plaintiff was lawfully operating her vehicle traveling N/B on
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First Street in the number two lane. At the time of the subject accident, Defendant was operating
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his vehicle in a careless and negligent manner and under the influence of a controlled substance
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(Alcohol) was traveling E/B on Gettysburg Avenue at approximately 90-100mph. A Blue, 2004,
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Honda Accord bearing California license plate number 5GXT020, operated by (“Hector
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Maldonado”) was traveling N/B on First Street in the number one lane, and a Black, 2011,
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Hyundai Genesis bearing California license plate number 7YUL779 operated by (“Connie
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Martens”) was traveling S/B on First Street in the number one lane. Plaintiff, (“Maldonado”),
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and (“Martens”) were all traveling on a green traffic signal at the time of the subject accident.
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Defendant failed to stop for the solid red traffic signal due to his unsafe speed for roadway and
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traffic conditions and violently collided with Plaintiff’s vehicle. Plaintiff’s vehicle upon impact
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spun and clipped the rear bumper of (“Maldonado’s”) vehicle. Plaintiff’s vehicle kept skidding
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and also collided with (“Marten’s”) vehicle resulting in Plaintiff’s serious injuries and related
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damages. Defendant after the subject accident, fled the scene of foot and was later located and
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arrested by law enforcement officers.
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13. Defendant was the sole cause of the subject accident, Plaintiff’s injuries and
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related damages in violation of California Vehicle Code section 23153(a) which states “ It is
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unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle
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and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the
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vehicle, which act or neglect proximately causes bodily injury to any person other than the
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 driver; and (b) which states It is unlawful for a person, while having 0.08 percent or more, by
2 weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by
3 law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately
4 causes bodily injury to any person other than the driver.” In addition to the above CVC
5 violation, Defendant also violated the following California Vehicle code sections as follows:
6 California Vehicle Code section 22350 which states “No person shall drive a vehicle upon a
7 highway at a speed greater than is reasonable or prudent having due regard for weather,
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visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed
9
which endangers the safety of persons or property.”
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California Vehicle Code section 21453(a) which states “A driver facing a steady circular red
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signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the
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near side of the intersection or, if none, then before entering the intersection, and shall remain
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stopped until an indication to proceed is shown, except as provided in subdivision (b).”
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California Vehicle Code section 20001(a) which states “The driver of a vehicle involved in an
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accident resulting in injury to a person, other than himself or herself, or in the death of a person
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shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements
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of Sections 20003 and 20004.”
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California Vehicle Code section 14601(a) which states “(a) No person shall drive a motor
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vehicle at any time when that person’s driving privilege is suspended or revoked for reckless
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driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or
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(c) of Section 12806 authorizing the department to refuse to issue a license, negligent or
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incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or
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negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of
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the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has
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been given by the department to the person pursuant to Section 13106. The presumption
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established by this subdivision is a presumption affecting the burden of proof.” Defendant knew
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or should have known that operating his vehicle while under the influence of a controlled
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4
PLAINTIFF’S COMPLAINT FOR DAMAGES
1 substance (Alcohol) and while violating the above California Vehicle Code sections, exposed
2 Plaintiff and other motorist to serious bodily injuries and related damages.
3 14. As a direct and legal result of each of the Defendants acts, Plaintiff was hurt and
4 injured in her health, strength, and activity all of which injuries have caused and continue to
5 cause her mental, physical and emotional stress and nervous pain and suffering. As a result of
6 these injuries, Plaintiff has suffered general damages.
7 15. As a further direct and legal result of each of the Defendants acts, Plaintiff has
8
incurred and will continue to incur medical and related expenses. Plaintiff does not know at this
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time the exact amount of expenses that have been incurred and that will be incurred in the future.
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FIRST CAUSE OF ACTION
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(GENERAL NEGLIGENCE)
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[Against Defendants and DOES 1 to 25, Inclusive]
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16. Plaintiff re-alleges and incorporates by reference paragraphs previously alleged
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in this Complaint, as though fully set forth herein.
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17. Defendants, and each of them, owed a duty of reasonable care to all reasonably
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foreseeable persons, including Plaintiff, to own, lease, manage, maintain, control, entrust, and
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operate Defendants Vehicle in a reasonable manner.
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18. At said time and place, Defendants breached the duties described in the
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preceding paragraph by negligently owning, entrusting, maintaining, operating, and/or driving
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Defendants Vehicle so as to be the legal cause of Plaintiff substantial injuries, Plaintiff’s
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damages and Plaintiff’s harm as described herein.
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19. Defendants and each of them also breached their duty of reasonable care to
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Plaintiff through acts and/or omissions including but not limited to operating Defendants
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Vehicle in violation of California Vehicle Code sections 23153(a)(b); 22350; 21453(a);
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20001(a); 14601(a) when Defendant knew or should have known that violating the above CVC
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sections exposed Plaintiff and other motorists to serious bodily injuries and related damages.
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20. As a direct and proximate cause of each of the Defendants negligence, Plaintiff
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sustained injuries to her body and has been injured in her health, strength, and physical activity.
5
PLAINTIFF’S COMPLAINT FOR DAMAGES
1 21. As a direct and proximate cause of each of the Defendants negligence, Plaintiff
2 suffer and continues to suffer from mental, physical and emotional distress and nervous pain
3 and suffering all to her general damages.
4 22. As a direct and proximate result of each of the Defendants negligence, Plaintiff
5 has incurred, and will continue to incur, special damages, including but not limited to, medical
6 and related expenses.
7 SECOND CAUSE OF ACTION
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(MOTOR VEHICLE NEGLIGENCE)
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[Against Defendants and DOES 1 to 25, Inclusive]
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23. Plaintiff re-alleges and incorporates by reference paragraphs previously alleged
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in this Complaint, as though fully set forth herein.
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24. Defendants and each of them owed Plaintiff a duty not to negligently operate,
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own, entrust, and/or maintain their vehicle as to cause their vehicle to violate the above
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referenced California Vehicle Code sections resulting in the subject accident, Plaintiff injuries
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and related damages.
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25. The Defendant who operated Defendants vehicle was (“Defendant, CASTLE”)
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and DOES 1 to 5, Inclusive.
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26. The Defendants who employed the persons who operated the motor vehicle in
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the course of their employment are unknown to Plaintiff who therefore sues these Defendants as
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DOES 6 to 10, Inclusive. Plaintiff will amend this Complaint when the true identity of the DOE
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named Defendants are ascertained.
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27. The Defendants who owned the motor vehicle, which was operated by
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(“Defendant, CASTLE”) was (“Defendant, ALLEGRA”) and/or DOES 11 to 15, Inclusive.
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28. Other Defendants who may have entrusted the motor vehicle, which was
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operated by (“Defendant, CASTLE”) are unknown to Plaintiff who therefore sues these
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unidentified Defendants as DOES 16 to 20, Inclusive. Plaintiff will amend this Complaint when
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the true identity of the DOE named Defendants are ascertained.
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6
PLAINTIFF’S COMPLAINT FOR DAMAGES
1 29. The Defendants who were the agents and employees of the other Defendants and
2 acted within the scope of the agency are unknown to Plaintiff and therefore sues these
3 Defendants as DOES 21to 25, Inclusive. Plaintiff will amend this Complaint when the true
4 identity of the DOE named Defendants is ascertained.
5 30. As a direct and proximate cause of each of the Defendants negligence, Plaintiff
6 sustained injuries to her body, and has been injured in her health, strength, and physical activity.
7 31. As a direct and proximate cause of each of the Defendants negligence, Plaintiff
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suffered and continues to suffer from mental, physical and emotional distress and nervous pain
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and suffering all to her general damages.
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32. As a direct and proximate result of each of the Defendants negligence, Plaintiff
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has incurred and will continue to incur, special damages, including but not limited to, medical
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and related expenses.
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THIRD CAUSE OF ACTION
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(NEGLIGENT ENTRUSTMENT)
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[Against Defendants and DOES 1 to 25, Inclusive]
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33. Plaintiff re-alleges and incorporates by reference paragraphs previously alleged
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in this Complaint, as though fully set forth herein.
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34. Plaintiff was injured because (“Defendant, ALLEGRA”) permitted (“Defendant,
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CASTLE”) to use, operate, and drive Defendants Vehicle, which is described hereinabove.
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35. That (“Defendant, CASTLE”) was negligent in operating Defendants Vehicle so
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as to cause Plaintiff’s injuries and related damages.
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36. That (“Defendant, ALLEGRA”) owned the vehicle operated by (“Defendant,
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CASTLE”) with her permission.
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37. That (“Defendant, ALLEGRA”) knew, or should have known, that (“Defendant,
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CASTLE”) was incompetent or unfit to drive Defendants Vehicle. (“Defendant, ALLEGRA”)
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in addition should have known that (“Defendant, CASTLE”) did not have a valid California
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driver’s license to operate a motor vehicle but, entrusted her vehicle to (“Defendant,
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CASTLE”) with no supervision.
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 38. That (“Defendant, ALLEGRA”) permission that (“Defendant, CASTLE”) drive
2 Defendants Vehicle was a contributing factor in the subject accident.
3 39. That (“Defendant, CASTLE”) incompetence or unfitness to drive was a
4 substantial factor in causing harm to Plaintiff.
5 40. As a direct and proximate cause of the Defendants negligence, Plaintiff sustained
6 injuries to her body, and has been injured in her health, strength, and physical activity.
7 41. As a direct and proximate cause of the Defendants’ negligence, Plaintiff suffered
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and continues to suffer from mental, physical and emotional distress and nervous pain and
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suffering all to her general damages.
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42. As a direct and proximate result of the Defendants’ negligence, Plaintiff has
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incurred, and will continue to incur, special damages, including but not limited to, medical and
12
related expenses.
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WHEREFORE, Plaintiff, TERRALEE PEREZ, demands a jury trial and prays for a
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judgment against the Defendants and DOES 1 to 25, Inclusive, as follows:
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As to Plaintiff’s First Cause of Action:
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1. For past and future general damages according to proof;
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2. For past and future medical and related expenses according to proof;
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3. For damage to personal property according to proof;
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4. For interest at the legal rate according to proof;
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5. For punitive damages, according to proof.
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As to Plaintiff’s Second Cause of Action:
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6. For past and future general damages according to proof;
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7. For past and future medical and related expenses according to proof;
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8. For damage to personal property according to proof;
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9. For interest at the legal rate according to proof;
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10. For punitive damages, according to proof.
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///
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///
8
PLAINTIFF’S COMPLAINT FOR DAMAGES
1 As to Plaintiff’s Third Cause of Action:
2 11. For past and future general damages according to proof;
3 12. For past and future medical and related expenses according to proof;
4 13. For damage to personal property according to proof;
5 14. For interest at the legal rate according to proof;
6 15. For punitive damages, according to proof.
7 On All Causes of Action:
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16. For costs of suit incurred;
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17. For such other and further relief as the Court deems just and proper;
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18. For punitive damages, according to proof.
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Dated: April 13, 2020 JAVAHERI & YAHOUDAI
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By:
17 YOSI YAHOUDAI, ESQ.
R. BRET BEATTIE, ESQ.
18 KATHERINE E. HARVEY-LEE, ESQ.
Attorneys for Plaintiff,
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TERRALEE PEREZ
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PLAINTIFF’S COMPLAINT FOR DAMAGES
Preview
1 Yosi Yahoudai, Esq. SBN 250679 E-FILED Jason B. Javaheri, Esq. SBN 256173 5/4/2020 8:00 AM 2 R. Bret Beattie, Esq., SBN: 150068 Superior Court of California Katherine E. Harvey-Lee, Esq., SBN: 216135 County of Fresno 3 JAVAHERI & YAHOUDAI By: A. Rodriguez, Deputy A Professional Law Corporation 4 1880 Century Park East, Suite 717 Los Angeles, California 90067 5 Telephone: (310) 407-0766 Facsimile: (310) 407-0767 6 Attorneys for Plaintiff, TERRALEE PEREZ 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF FRESNO – B. F. SISK COURTHOUSE 10 11 TERRALEE PEREZ, an Individual, Case No.: 20CECG01255 12 Plaintiff, PLAINTIFF’S COMPLAINT FOR 13 DAMAGES: 14 vs. 1. GENERAL NEGLIGENCE 15 JOSEPH G. CASTLE, an Individual; DORISS 2. MOTOR VEHICLE ALLEGRA, an Individual; and DOES 1 to 25, 3. NEGLIGENT ENTRUSTMENT 16 Inclusive, 17 Defendants. 18 19 COMES NOW, Plaintiff, TERRALEE PEREZ, complains and alleges as 20 follows: 21 GENERAL ALLEGATIONS 22 1. TERRALEE PEREZ, an individual, hereinafter (“Plaintiff”) was and/or still is 23 residing in Fresno, California 93727. 24 2. Plaintiff is informed and believes, and thereon alleges, that JOSEPH G. 25 CASTLE, an individual, hereinafter (“Defendant, CASTLE”) was and/or still is residing in 26 Fresno, California 93726. 27 28 1 PLAINTIFF’S COMPLAINT FOR DAMAGES 1 3. Plaintiff is informed and believes, and thereon alleges, that DORISS ALLEGRA, 2 an individual, hereinafter (“Defendant, ALLEGRA”) was and/or still is residing in Santa Cruz, 3 California 95060. 4 4. Plaintiff is informed and believes, and thereon alleges, that Defendants at all 5 times mentioned in this Complaint, were the owners of a Green, 1995, Honda Civic bearing 6 California license plate number AQZ4216 hereinafter (“Defendants Vehicle”). 7 5. (“Defendant, CASTLE”) was at all times mentioned herein the driver of 8 Defendants Vehicle. 9 6. Based on information and belief, (“Defendant, ALLEGRA”) entrusted 10 Defendants Vehicle to (“Defendant, CASTLE”). 11 7. At all times mentioned herein, the accident subject to this action occurred on E. 12 Gettysburg Avenue and N. First Street, Fresno, California 93726, hereinafter referred to as 13 (“Subject Location”). 14 8. The true names and capacities of DOES 1 to 25 Inclusive, whether individual, 15 corporate, associate or otherwise, are unknown to Plaintiff, who therefore sues such Defendants 16 by fictitious names pursuant to California Code of Civil Procedure Section 474. Plaintiff will 17 amend this Complaint when such names have been ascertained. Plaintiff is informed and 18 believes, and thereon alleges, that each of the fictitiously named Defendants are responsible in 19 some manner for the occurrences alleged and that Plaintiff injuries and damages as alleged were 20 proximately caused by their conduct. The known Defendants and DOE Defendants will 21 collectively be referred to as Defendants. 22 9. Plaintiff is informed and believes, and thereon alleges, that each of the DOE 23 Defendants at all relevant times were the agents, employees, servants, joint ventures, directors, 24 fiduciaries, representatives, and/or co-conspirators of each of the remaining Defendants. That 25 the Defendants, in doing the things alleged, were acting within the course and scope of such 26 relationship and are responsible in some manner for the occurrences alleged and, as a proximate 27 cause, of Plaintiff’s damages as alleged. 28 2 PLAINTIFF’S COMPLAINT FOR DAMAGES 1 10. Plaintiff is informed and believes, and thereon alleges, that Defendants 2 committed other wrongful acts or omissions of which Plaintiff is presently unaware. Such acts 3 are ongoing and will continue after the filing of this action. Plaintiff will seek leave of the 4 Court to amend this Complaint when Plaintiff discovers these other acts and/or omissions of 5 such Defendants. 6 FACTUAL ALLEGATIONS 7 11. Plaintiff re-alleges and incorporates by reference paragraphs previously alleged 8 in this Complaint, as though fully set forth herein. 9 12. On May 24, 2018, Plaintiff was lawfully operating her vehicle traveling N/B on 10 First Street in the number two lane. At the time of the subject accident, Defendant was operating 11 his vehicle in a careless and negligent manner and under the influence of a controlled substance 12 (Alcohol) was traveling E/B on Gettysburg Avenue at approximately 90-100mph. A Blue, 2004, 13 Honda Accord bearing California license plate number 5GXT020, operated by (“Hector 14 Maldonado”) was traveling N/B on First Street in the number one lane, and a Black, 2011, 15 Hyundai Genesis bearing California license plate number 7YUL779 operated by (“Connie 16 Martens”) was traveling S/B on First Street in the number one lane. Plaintiff, (“Maldonado”), 17 and (“Martens”) were all traveling on a green traffic signal at the time of the subject accident. 18 Defendant failed to stop for the solid red traffic signal due to his unsafe speed for roadway and 19 traffic conditions and violently collided with Plaintiff’s vehicle. Plaintiff’s vehicle upon impact 20 spun and clipped the rear bumper of (“Maldonado’s”) vehicle. Plaintiff’s vehicle kept skidding 21 and also collided with (“Marten’s”) vehicle resulting in Plaintiff’s serious injuries and related 22 damages. Defendant after the subject accident, fled the scene of foot and was later located and 23 arrested by law enforcement officers. 24 13. Defendant was the sole cause of the subject accident, Plaintiff’s injuries and 25 related damages in violation of California Vehicle Code section 23153(a) which states “ It is 26 unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle 27 and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the 28 vehicle, which act or neglect proximately causes bodily injury to any person other than the 3 PLAINTIFF’S COMPLAINT FOR DAMAGES 1 driver; and (b) which states It is unlawful for a person, while having 0.08 percent or more, by 2 weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by 3 law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately 4 causes bodily injury to any person other than the driver.” In addition to the above CVC 5 violation, Defendant also violated the following California Vehicle code sections as follows: 6 California Vehicle Code section 22350 which states “No person shall drive a vehicle upon a 7 highway at a speed greater than is reasonable or prudent having due regard for weather, 8 visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed 9 which endangers the safety of persons or property.” 10 California Vehicle Code section 21453(a) which states “A driver facing a steady circular red 11 signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the 12 near side of the intersection or, if none, then before entering the intersection, and shall remain 13 stopped until an indication to proceed is shown, except as provided in subdivision (b).” 14 California Vehicle Code section 20001(a) which states “The driver of a vehicle involved in an 15 accident resulting in injury to a person, other than himself or herself, or in the death of a person 16 shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements 17 of Sections 20003 and 20004.” 18 California Vehicle Code section 14601(a) which states “(a) No person shall drive a motor 19 vehicle at any time when that person’s driving privilege is suspended or revoked for reckless 20 driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or 21 (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or 22 incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or 23 negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of 24 the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has 25 been given by the department to the person pursuant to Section 13106. The presumption 26 established by this subdivision is a presumption affecting the burden of proof.” Defendant knew 27 or should have known that operating his vehicle while under the influence of a controlled 28 4 PLAINTIFF’S COMPLAINT FOR DAMAGES 1 substance (Alcohol) and while violating the above California Vehicle Code sections, exposed 2 Plaintiff and other motorist to serious bodily injuries and related damages. 3 14. As a direct and legal result of each of the Defendants acts, Plaintiff was hurt and 4 injured in her health, strength, and activity all of which injuries have caused and continue to 5 cause her mental, physical and emotional stress and nervous pain and suffering. As a result of 6 these injuries, Plaintiff has suffered general damages. 7 15. As a further direct and legal result of each of the Defendants acts, Plaintiff has 8 incurred and will continue to incur medical and related expenses. Plaintiff does not know at this 9 time the exact amount of expenses that have been incurred and that will be incurred in the future. 10 FIRST CAUSE OF ACTION 11 (GENERAL NEGLIGENCE) 12 [Against Defendants and DOES 1 to 25, Inclusive] 13 16. Plaintiff re-alleges and incorporates by reference paragraphs previously alleged 14 in this Complaint, as though fully set forth herein. 15 17. Defendants, and each of them, owed a duty of reasonable care to all reasonably 16 foreseeable persons, including Plaintiff, to own, lease, manage, maintain, control, entrust, and 17 operate Defendants Vehicle in a reasonable manner. 18 18. At said time and place, Defendants breached the duties described in the 19 preceding paragraph by negligently owning, entrusting, maintaining, operating, and/or driving 20 Defendants Vehicle so as to be the legal cause of Plaintiff substantial injuries, Plaintiff’s 21 damages and Plaintiff’s harm as described herein. 22 19. Defendants and each of them also breached their duty of reasonable care to 23 Plaintiff through acts and/or omissions including but not limited to operating Defendants 24 Vehicle in violation of California Vehicle Code sections 23153(a)(b); 22350; 21453(a); 25 20001(a); 14601(a) when Defendant knew or should have known that violating the above CVC 26 sections exposed Plaintiff and other motorists to serious bodily injuries and related damages. 27 20. As a direct and proximate cause of each of the Defendants negligence, Plaintiff 28 sustained injuries to her body and has been injured in her health, strength, and physical activity. 5 PLAINTIFF’S COMPLAINT FOR DAMAGES 1 21. As a direct and proximate cause of each of the Defendants negligence, Plaintiff 2 suffer and continues to suffer from mental, physical and emotional distress and nervous pain 3 and suffering all to her general damages. 4 22. As a direct and proximate result of each of the Defendants negligence, Plaintiff 5 has incurred, and will continue to incur, special damages, including but not limited to, medical 6 and related expenses. 7 SECOND CAUSE OF ACTION 8 (MOTOR VEHICLE NEGLIGENCE) 9 [Against Defendants and DOES 1 to 25, Inclusive] 10 23. Plaintiff re-alleges and incorporates by reference paragraphs previously alleged 11 in this Complaint, as though fully set forth herein. 12 24. Defendants and each of them owed Plaintiff a duty not to negligently operate, 13 own, entrust, and/or maintain their vehicle as to cause their vehicle to violate the above 14 referenced California Vehicle Code sections resulting in the subject accident, Plaintiff injuries 15 and related damages. 16 25. The Defendant who operated Defendants vehicle was (“Defendant, CASTLE”) 17 and DOES 1 to 5, Inclusive. 18 26. The Defendants who employed the persons who operated the motor vehicle in 19 the course of their employment are unknown to Plaintiff who therefore sues these Defendants as 20 DOES 6 to 10, Inclusive. Plaintiff will amend this Complaint when the true identity of the DOE 21 named Defendants are ascertained. 22 27. The Defendants who owned the motor vehicle, which was operated by 23 (“Defendant, CASTLE”) was (“Defendant, ALLEGRA”) and/or DOES 11 to 15, Inclusive. 24 28. Other Defendants who may have entrusted the motor vehicle, which was 25 operated by (“Defendant, CASTLE”) are unknown to Plaintiff who therefore sues these 26 unidentified Defendants as DOES 16 to 20, Inclusive. Plaintiff will amend this Complaint when 27 the true identity of the DOE named Defendants are ascertained. 28 6 PLAINTIFF’S COMPLAINT FOR DAMAGES 1 29. The Defendants who were the agents and employees of the other Defendants and 2 acted within the scope of the agency are unknown to Plaintiff and therefore sues these 3 Defendants as DOES 21to 25, Inclusive. Plaintiff will amend this Complaint when the true 4 identity of the DOE named Defendants is ascertained. 5 30. As a direct and proximate cause of each of the Defendants negligence, Plaintiff 6 sustained injuries to her body, and has been injured in her health, strength, and physical activity. 7 31. As a direct and proximate cause of each of the Defendants negligence, Plaintiff 8 suffered and continues to suffer from mental, physical and emotional distress and nervous pain 9 and suffering all to her general damages. 10 32. As a direct and proximate result of each of the Defendants negligence, Plaintiff 11 has incurred and will continue to incur, special damages, including but not limited to, medical 12 and related expenses. 13 THIRD CAUSE OF ACTION 14 (NEGLIGENT ENTRUSTMENT) 15 [Against Defendants and DOES 1 to 25, Inclusive] 16 33. Plaintiff re-alleges and incorporates by reference paragraphs previously alleged 17 in this Complaint, as though fully set forth herein. 18 34. Plaintiff was injured because (“Defendant, ALLEGRA”) permitted (“Defendant, 19 CASTLE”) to use, operate, and drive Defendants Vehicle, which is described hereinabove. 20 35. That (“Defendant, CASTLE”) was negligent in operating Defendants Vehicle so 21 as to cause Plaintiff’s injuries and related damages. 22 36. That (“Defendant, ALLEGRA”) owned the vehicle operated by (“Defendant, 23 CASTLE”) with her permission. 24 37. That (“Defendant, ALLEGRA”) knew, or should have known, that (“Defendant, 25 CASTLE”) was incompetent or unfit to drive Defendants Vehicle. (“Defendant, ALLEGRA”) 26 in addition should have known that (“Defendant, CASTLE”) did not have a valid California 27 driver’s license to operate a motor vehicle but, entrusted her vehicle to (“Defendant, 28 CASTLE”) with no supervision. 7 PLAINTIFF’S COMPLAINT FOR DAMAGES 1 38. That (“Defendant, ALLEGRA”) permission that (“Defendant, CASTLE”) drive 2 Defendants Vehicle was a contributing factor in the subject accident. 3 39. That (“Defendant, CASTLE”) incompetence or unfitness to drive was a 4 substantial factor in causing harm to Plaintiff. 5 40. As a direct and proximate cause of the Defendants negligence, Plaintiff sustained 6 injuries to her body, and has been injured in her health, strength, and physical activity. 7 41. As a direct and proximate cause of the Defendants’ negligence, Plaintiff suffered 8 and continues to suffer from mental, physical and emotional distress and nervous pain and 9 suffering all to her general damages. 10 42. As a direct and proximate result of the Defendants’ negligence, Plaintiff has 11 incurred, and will continue to incur, special damages, including but not limited to, medical and 12 related expenses. 13 WHEREFORE, Plaintiff, TERRALEE PEREZ, demands a jury trial and prays for a 14 judgment against the Defendants and DOES 1 to 25, Inclusive, as follows: 15 As to Plaintiff’s First Cause of Action: 16 1. For past and future general damages according to proof; 17 2. For past and future medical and related expenses according to proof; 18 3. For damage to personal property according to proof; 19 4. For interest at the legal rate according to proof; 20 5. For punitive damages, according to proof. 21 As to Plaintiff’s Second Cause of Action: 22 6. For past and future general damages according to proof; 23 7. For past and future medical and related expenses according to proof; 24 8. For damage to personal property according to proof; 25 9. For interest at the legal rate according to proof; 26 10. For punitive damages, according to proof. 27 /// 28 /// 8 PLAINTIFF’S COMPLAINT FOR DAMAGES 1 As to Plaintiff’s Third Cause of Action: 2 11. For past and future general damages according to proof; 3 12. For past and future medical and related expenses according to proof; 4 13. For damage to personal property according to proof; 5 14. For interest at the legal rate according to proof; 6 15. For punitive damages, according to proof. 7 On All Causes of Action: 8 16. For costs of suit incurred; 9 17. For such other and further relief as the Court deems just and proper; 10 18. For punitive damages, according to proof. 11 12 Dated: April 13, 2020 JAVAHERI & YAHOUDAI 13 14 15 16 By: 17 YOSI YAHOUDAI, ESQ. R. BRET BEATTIE, ESQ. 18 KATHERINE E. HARVEY-LEE, ESQ. Attorneys for Plaintiff, 19 TERRALEE PEREZ 20 21 22 23 24 25 26 27 28 9 PLAINTIFF’S COMPLAINT FOR DAMAGES