Preview
__ PLD-Pl-OO1
— ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name,
Richard E. Elchenbaum, Esq.
State Bar number,
SBN 157065;
and address):
Dan C. Schaar, Esq. SBN 257737
FOR COURT Uh-Ofif
'
"
: Dg
Caputo & Van Der Walde LLP i
51 E. Campbell Ave., Suite 120
Campbell, CA 95008
SEP g 3
’_
I
m '
TELEPHONE No: FAX
(408) 733-0100 N0.(0pn'ona/):
(408) 733-0123 3‘in
.
_7
E-MAIL ADDRESS (Optional):
«fl:
’n'i‘UC U1
I
a.
monuev Foamame); Lalani Nailau, Plaintiff 3i'_,
V,
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara
STREET ADDRESS: 191 N. lst St.
MAILING ADDRESS: 191 N, lst St.
cn'Y AND ZIP CODE: San Jose, CA 951 13
BRANCH NAME: Downtown Superior Court, Unlimited Jurisdiction
PLAINTIFF: Lalani Nailau
DEFENDANT: Susan M. Clarke; Albert K. Clarke; and
Does 1 To 20
COMPLAINT—Personal Property Damage, Wrongful Death
E AMENDED
Injury,
(Number):
Type (check
MOTOR VEHICLE
aII (hat apply):
Property Damage
EE OTHER(specify):
Wrongful Death
Personal Injury Other Damages (specify): Exemplary
E
Jurisdiction (check all that apply):
ACTION Is A LIMITED
E
CIVIL CASE
CASE NUMBER:
Amount demanded
AN UNLIMITED
D does not exceed $10,000
exceeds $10,000, but does not exceed $25,000
CASE
EE ACTION
ACTION
IS
IS RECLASSIFIED by
CIVIL
this
(exceeds $25,000)
amended complaint 1 6 C V 29 Q i”,
3';
“2
a
"r” 4
1.
E Plaintiff
from limited to unlimited
from unlimited to limited
(name or names): Lalani Nailau
alleges causes of action against defendant (name or names):
Susan M. Clarke; Albert K. Clarke; and Does 1 through 20
2. This pleading, including attachments and exhibits, consists of the following number of pages: 6
3.
E E
Each
a.
plaintiff
except
named above
plaintiff
is
(name):
a competent adult
E
E
(1)
(2)
a corporation qualified to do business
an unincorporated entity (describe):
in California
E (3)
(4)
a public
E
a minor E entity (describe):
an adult
whom
E
(a)
(b) D for
other (specify):
a guardian or conservator of the estate or a guardian ad litem has been appointed
other (specify):
E E
b.
(5)
except plaintiff (name):
E
E
(1)
(2)
a corporation qualified to do business
an unincorporated entity (describe):
in California
E (3)
(4)
E
a minor E
a public entity (describe):
an adult
whom
E (5)
(a)
(b) E for a guardian or conservator of the estate or a guardian ad litem has been appointed
other (specify):
other (specify):
E
Form Approved
Information about additional plaintiffs
Use
who are not competent adults is shown in Attachment 3.
Code
Fag“ o”
for Optional
Judicial Council of California
COMPLAINT_Pel-sonal Injury, Property of Civil Procedure, § 425.12
www.couninfo.ca.gov
PLD-PI-om (Rev. January 1, 2007] Damage, Wrongful Death
PLD-Pl-001
SHORT TITLE: CASE NUMBER:
Nailau v. Clarke, et a1.
4. D Plaintiff
is
(name):
doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5.
a. E E
Each defendant named above is a natural person
except defendant (name): c. E E except defendant (name):
(1)
E
E
a business organization, form unknown
(2)
(3)
a corporation
an unincorporated entity (describe):
E
D
(1)
(2)
(3)
a business organization, form
acorporation
an unincorporated
unknown
entity (describe):
E (4) a public entity (describe): E (4) a public entity (describe):
E (5) other (specify): (5) E: other (specify):
E E
b. except defendant (name): d. E E except defendant (name):
E
E
(1)
(2)
(3)
a business organization, form unknown
a corporation
an unincorporated entity (describe):
E
E
(1)
(2)
(3)
a business organization, form
a corporation
an unincorporated
unknown
entity (describe):
E (4) a public entity (describe): E (4) a public entity (describe):
E (5) other (specify): E (5) other (specify):
E 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. Doe defendants (specify Doe numbers): 1 1 thrOugh 20 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. Doe defendants (specify Doe numbers): 1 thrOugh 20 are persons whose capacities are unknown to
E
plaintiff.
7. Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
leastone defendant now resides
a.
apo-
.
E at in itsjurisdictional area.
the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
.
E injury to
other (specify):
person or damage to personal property occurred in its jurisdictional area.
9. EE required to comply with a claims statute, and
Plaintiff is
E a.
b.
has complied with applicable claims statutes, or
is excused from complying because (specify):
PLD-Pl—OO1 [Rev. January 1. 2007] COMPLAINT—Personal Injury, Property Page 2 of 3
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Nailau v. Clarke, et a1.
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. Motor Vehicle
c.
b.
E
E
General Negligence
Intentional Tort
d.
f.
e. E
E
Products
Premises
Other
Liability
Liability
(specify):
11. Plaintiff has suffered
wage loss
loss of use of property
hospital and medical expenses
c97~¢999r9>
general damage
property damage
loss of earning capacity
other damage (specify):
Pre-judgment interest pursuant to Civil Code section 3291
12. EE The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
Da.
b.
listed in
as follows:
Attachment 12.
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) compensatory damages
(2) punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1)
(2) E according to proof
in the amountof: $
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: September 1, 2016
Richard E. Eichenbaum, Esq. ’
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-Pwm {Revl January 1. 20071 COM PLAINT—Personal Injury, Property Page a of 3
Damage, Wrongful Death
PLD-PI-oo1(1)
SHORT TITLE: CASE NUMBER:
Nailau v. Clarke, et a1.
First CAUSE OF ACTION—Motor Vehicle
(number)
ATTACHMENT To Complaint E Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): Lalani Nailau
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): August 19, 2015
at (place):
Summit Road, at intersection with Old Santa Cruz Highway, in unincorporated Santa Clara County,
California.
MV- 2. DEFENDANTS
a. The defendants who operated a motor vehicle are (names):
Susan M. Clarke; and
Does 1 to 20
b. The defendants who employed the persons who operated a motor vehicle in the course oftheir employment
are (names):
Albert K. Clarke; and
Does 1 to 20
c. The defendants who owned the motor vehicle which was operated with their permission are (names):
Susan M. Clarke; Albert K. Clarke; and
Does l to 20
d. The defendants who entrusted the motor vehicle are (names):
Albert K. Clarke; and
Does l to 20
e. The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
Susan M. Clarke; Albert K. Clarke; and
Does 1 to 20
_—«
EThe defendants who are
listed in Attachment MV-2f E
liable to plaintiffs for other
Defendants, and each of them, are further liable t0 Plaintiff
reasons and the reasons
as follows:
at
for the liability are
common law and under Civil
Code section 1714 for their failure t0 exercise due care under existing conditions, thereby
causing injuries and damages to Plaintiff.
Does I to 20 Page 4
Page 1 ot 1
Form Approved Use
for Optional
Judicial Council of California
CAUSE OF ACTION_Mot°r Vehic|e Code of Civil Procedure 425,12
www.couninfocagov
PLD-PI-OO1 (1 ) [Rev. January 1, 2007]
PLD-PI-oo1 (2)
CASE NUMBER:
SHORT TITLE:
Nailau v. Clarke, et a1.
Second CAUSE OF ACTION—General Negligence Page 5
(number)
ATTACHMENTTO Complaim E Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Lalani Nailau
alleges that defendant (name): Susan M. Clarke; Albert K. Clarke; and
m Does 1 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): August l9, 2015
at (place): Summit Rd, at intersection with Old Santa Cruz Hwy, Santa Clara County, CA
(description of reasons forliabil/ty):
On 0r about the above date, and at or about the above location, Plaintiff was a front seat passenger
in a vehicle operated by Defendant Susan M. Clarke, and owned by Defendants Susan M. Clarke
and Albert K. Clarke. Defendant Susan M. Clarke was traveling southbound on Old Santa Cruz
Highway approaching a stop sign at the intersection of Old Santa Cruz Highway and Summit
Road. Defendant Susan M. Clarke failed to stop at the stop sign controlling traffic for her
direction 0f travel, and failed t0 yield the right of way to traffic 0n Summit Road. As Defendant
Susan M. Clarke entered the intersection, the vehicle was struck by oncoming traffic, causing
serious injuries and damages to Plaintiff Nailau.
In doing the acts described above, Defendant Susan M. Clarke violated California Vehicle Code
sections 22450, for failing t0 stop at a stop sign, and 21802, for failing t0 yield the right 0f way t0
vehicles approaching from another highway. These statutes were enacted for safety purposes and
were designed to protect people in the same class as Plaintiffs, that is, persons lawfully upon the
roadways. The violation of these code sections were a cause of the subject incident, and 0f
Plaintiff‘s resultant injuries and damages.
Defendants, and each 0f them, are further liable t0 Plaintiff at common law and under Civil Code
section 1714 for their failure t0 exercise due care under existing conditions, thereby causing
injuries and damages to Plaintiff.
Page 1 of 1
Form Approved for Optional Use - Code of Civil Procedure 425,12
JudicialCouncilomamm CAUSE OF ACTION—General Negligence m_mnmmca‘gov
PLupwom) [Rev‘ January 1. 2007]
PLD-PI-oo1(6)
CASE NUMBER:
SHORT TITLE:
Nailau V. Clarke, et a1.
Exemplary Damages Attachment page 6
ATTACHMENTTO Complaint E Cross-Complaint
EX-1. As additional damages against defendant (name):
Susan M. Clarke
Plaintiff alleges defendant was guilty of
malice
E
as defined
fraud
oppression
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 plaintiff's claim are as follows:
On or about August 19, 2015, and at 0r about the intersection 0f Summit Road at Old Santa Cruz
Highway Santa Clara County, California, Plaintiff was a front seat passenger in a vehicle
in
operated by Defendant Susan M. Clarke. Defendant Clarke was traveling southbound on Old
Santa Cruz Highway approaching a stop sign at the intersection 0f Old Santa Cruz Highway and
Summit Road. Defendant Clarke failed t0 stop at the stop sign controlling traffic for her direction
of travel, and failed to yield the right of way t0 traffic 0n Summit Road. As Defendant Clarke
entered the intersection, the vehicle was struck by oncoming traffic, causing serious injuries and
damages to Plaintiff Nailau.
Plaintiff isinformed and believes, and thereon alleges, that prior to the automobile collision that is
the subject of this lawsuit, Defendant Susan M. Clarke willfully consumed alcoholic beverages to
the point of intoxication, knowing that she thereafter would or must operate a motor vehicle.
Defendant Susan M. Clarke performed these actions, willfully consuming such intoxicating
beverages, knowing that such activity would thereby combine sharply impaired physical and
mental faculties with a vehicle capable of great force and speed, thereby exhibiting a conscious
disregard for the rights and safety 0f Plaintiff. See Taylor v. Superior Court (1979) 24 Cal.3d 890,
895. Defendant Susan M. Clarke's acts as described herein constitute despicable conduct carried
on in conscious and willful disregard of the rights and safety of Plaintiff.
EX-3. The amount of exemplary damages sought is
a.
b. E not shown, pursuant to
$
Code of Civil Procedure section 425.10.
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California Exemplary Damages AttaChment www,courtinfo.ca.gov
PLD-PI-001(6) [Rev. January 1. 2007]
Preview
__ PLD-Pl-OO1 — ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Richard E. Elchenbaum, Esq. State Bar number, SBN 157065; and address): Dan C. Schaar, Esq. SBN 257737 FOR COURT Uh-Ofif ' " : Dg Caputo & Van Der Walde LLP i 51 E. Campbell Ave., Suite 120 Campbell, CA 95008 SEP g 3 ’_ I m ' TELEPHONE No: FAX (408) 733-0100 N0.(0pn'ona/): (408) 733-0123 3‘in . _7 E-MAIL ADDRESS (Optional): «fl: ’n'i‘UC U1 I a. monuev Foamame); Lalani Nailau, Plaintiff 3i'_, V, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 N. lst St. MAILING ADDRESS: 191 N, lst St. cn'Y AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court, Unlimited Jurisdiction PLAINTIFF: Lalani Nailau DEFENDANT: Susan M. Clarke; Albert K. Clarke; and Does 1 To 20 COMPLAINT—Personal Property Damage, Wrongful Death E AMENDED Injury, (Number): Type (check MOTOR VEHICLE aII (hat apply): Property Damage EE OTHER(specify): Wrongful Death Personal Injury Other Damages (specify): Exemplary E Jurisdiction (check all that apply): ACTION Is A LIMITED E CIVIL CASE CASE NUMBER: Amount demanded AN UNLIMITED D does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 CASE EE ACTION ACTION IS IS RECLASSIFIED by CIVIL this (exceeds $25,000) amended complaint 1 6 C V 29 Q i”, 3'; “2 a "r” 4 1. E Plaintiff from limited to unlimited from unlimited to limited (name or names): Lalani Nailau alleges causes of action against defendant (name or names): Susan M. Clarke; Albert K. Clarke; and Does 1 through 20 2. This pleading, including attachments and exhibits, consists of the following number of pages: 6 3. E E Each a. plaintiff except named above plaintiff is (name): a competent adult E E (1) (2) a corporation qualified to do business an unincorporated entity (describe): in California E (3) (4) a public E a minor E entity (describe): an adult whom E (a) (b) D for other (specify): a guardian or conservator of the estate or a guardian ad litem has been appointed other (specify): E E b. (5) except plaintiff (name): E E (1) (2) a corporation qualified to do business an unincorporated entity (describe): in California E (3) (4) E a minor E a public entity (describe): an adult whom E (5) (a) (b) E for a guardian or conservator of the estate or a guardian ad litem has been appointed other (specify): other (specify): E Form Approved Information about additional plaintiffs Use who are not competent adults is shown in Attachment 3. Code Fag“ o” for Optional Judicial Council of California COMPLAINT_Pel-sonal Injury, Property of Civil Procedure, § 425.12 www.couninfo.ca.gov PLD-PI-om (Rev. January 1, 2007] Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: CASE NUMBER: Nailau v. Clarke, et a1. 4. D Plaintiff is (name): doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. a. E E Each defendant named above is a natural person except defendant (name): c. E E except defendant (name): (1) E E a business organization, form unknown (2) (3) a corporation an unincorporated entity (describe): E D (1) (2) (3) a business organization, form acorporation an unincorporated unknown entity (describe): E (4) a public entity (describe): E (4) a public entity (describe): E (5) other (specify): (5) E: other (specify): E E b. except defendant (name): d. E E except defendant (name): E E (1) (2) (3) a business organization, form unknown a corporation an unincorporated entity (describe): E E (1) (2) (3) a business organization, form a corporation an unincorporated unknown entity (describe): E (4) a public entity (describe): E (4) a public entity (describe): E (5) other (specify): E (5) other (specify): E 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. Doe defendants (specify Doe numbers): 1 1 thrOugh 20 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): 1 thrOugh 20 are persons whose capacities are unknown to E plaintiff. 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because leastone defendant now resides a. apo- . E at in itsjurisdictional area. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. . E injury to other (specify): person or damage to personal property occurred in its jurisdictional area. 9. EE required to comply with a claims statute, and Plaintiff is E a. b. has complied with applicable claims statutes, or is excused from complying because (specify): PLD-Pl—OO1 [Rev. January 1. 2007] COMPLAINT—Personal Injury, Property Page 2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Nailau v. Clarke, et a1. 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. Motor Vehicle c. b. E E General Negligence Intentional Tort d. f. e. E E Products Premises Other Liability Liability (specify): 11. Plaintiff has suffered wage loss loss of use of property hospital and medical expenses c97~¢999r9> general damage property damage loss of earning capacity other damage (specify): Pre-judgment interest pursuant to Civil Code section 3291 12. EE The damages claimed for wrongful death and the relationships of plaintiff to the deceased are Da. b. listed in as follows: Attachment 12. 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) compensatory damages (2) punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) (2) E according to proof in the amountof: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: September 1, 2016 Richard E. Eichenbaum, Esq. ’ (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-Pwm {Revl January 1. 20071 COM PLAINT—Personal Injury, Property Page a of 3 Damage, Wrongful Death PLD-PI-oo1(1) SHORT TITLE: CASE NUMBER: Nailau v. Clarke, et a1. First CAUSE OF ACTION—Motor Vehicle (number) ATTACHMENT To Complaint E Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Lalani Nailau 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): August 19, 2015 at (place): Summit Road, at intersection with Old Santa Cruz Highway, in unincorporated Santa Clara County, California. MV- 2. DEFENDANTS a. The defendants who operated a motor vehicle are (names): Susan M. Clarke; and Does 1 to 20 b. The defendants who employed the persons who operated a motor vehicle in the course oftheir employment are (names): Albert K. Clarke; and Does 1 to 20 c. The defendants who owned the motor vehicle which was operated with their permission are (names): Susan M. Clarke; Albert K. Clarke; and Does l to 20 d. The defendants who entrusted the motor vehicle are (names): Albert K. Clarke; and Does l to 20 e. The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Susan M. Clarke; Albert K. Clarke; and Does 1 to 20 _—« EThe defendants who are listed in Attachment MV-2f E liable to plaintiffs for other Defendants, and each of them, are further liable t0 Plaintiff reasons and the reasons as follows: at for the liability are common law and under Civil Code section 1714 for their failure t0 exercise due care under existing conditions, thereby causing injuries and damages to Plaintiff. Does I to 20 Page 4 Page 1 ot 1 Form Approved Use for Optional Judicial Council of California CAUSE OF ACTION_Mot°r Vehic|e Code of Civil Procedure 425,12 www.couninfocagov PLD-PI-OO1 (1 ) [Rev. January 1, 2007] PLD-PI-oo1 (2) CASE NUMBER: SHORT TITLE: Nailau v. Clarke, et a1. Second CAUSE OF ACTION—General Negligence Page 5 (number) ATTACHMENTTO Complaim E Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Lalani Nailau alleges that defendant (name): Susan M. Clarke; Albert K. Clarke; and m Does 1 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): August l9, 2015 at (place): Summit Rd, at intersection with Old Santa Cruz Hwy, Santa Clara County, CA (description of reasons forliabil/ty): On 0r about the above date, and at or about the above location, Plaintiff was a front seat passenger in a vehicle operated by Defendant Susan M. Clarke, and owned by Defendants Susan M. Clarke and Albert K. Clarke. Defendant Susan M. Clarke was traveling southbound on Old Santa Cruz Highway approaching a stop sign at the intersection of Old Santa Cruz Highway and Summit Road. Defendant Susan M. Clarke failed to stop at the stop sign controlling traffic for her direction 0f travel, and failed t0 yield the right of way to traffic 0n Summit Road. As Defendant Susan M. Clarke entered the intersection, the vehicle was struck by oncoming traffic, causing serious injuries and damages to Plaintiff Nailau. In doing the acts described above, Defendant Susan M. Clarke violated California Vehicle Code sections 22450, for failing t0 stop at a stop sign, and 21802, for failing t0 yield the right 0f way t0 vehicles approaching from another highway. These statutes were enacted for safety purposes and were designed to protect people in the same class as Plaintiffs, that is, persons lawfully upon the roadways. The violation of these code sections were a cause of the subject incident, and 0f Plaintiff‘s resultant injuries and damages. Defendants, and each 0f them, are further liable t0 Plaintiff at common law and under Civil Code section 1714 for their failure t0 exercise due care under existing conditions, thereby causing injuries and damages to Plaintiff. Page 1 of 1 Form Approved for Optional Use - Code of Civil Procedure 425,12 JudicialCouncilomamm CAUSE OF ACTION—General Negligence m_mnmmca‘gov PLupwom) [Rev‘ January 1. 2007] PLD-PI-oo1(6) CASE NUMBER: SHORT TITLE: Nailau V. Clarke, et a1. Exemplary Damages Attachment page 6 ATTACHMENTTO Complaint E Cross-Complaint EX-1. As additional damages against defendant (name): Susan M. Clarke Plaintiff alleges defendant was guilty of malice E as defined fraud oppression 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 plaintiff's claim are as follows: On or about August 19, 2015, and at 0r about the intersection 0f Summit Road at Old Santa Cruz Highway Santa Clara County, California, Plaintiff was a front seat passenger in a vehicle in operated by Defendant Susan M. Clarke. Defendant Clarke was traveling southbound on Old Santa Cruz Highway approaching a stop sign at the intersection 0f Old Santa Cruz Highway and Summit Road. Defendant Clarke failed t0 stop at the stop sign controlling traffic for her direction of travel, and failed to yield the right of way t0 traffic 0n Summit Road. As Defendant Clarke entered the intersection, the vehicle was struck by oncoming traffic, causing serious injuries and damages to Plaintiff Nailau. Plaintiff isinformed and believes, and thereon alleges, that prior to the automobile collision that is the subject of this lawsuit, Defendant Susan M. Clarke willfully consumed alcoholic beverages to the point of intoxication, knowing that she thereafter would or must operate a motor vehicle. Defendant Susan M. Clarke performed these actions, willfully consuming such intoxicating beverages, knowing that such activity would thereby combine sharply impaired physical and mental faculties with a vehicle capable of great force and speed, thereby exhibiting a conscious disregard for the rights and safety 0f Plaintiff. See Taylor v. Superior Court (1979) 24 Cal.3d 890, 895. Defendant Susan M. Clarke's acts as described herein constitute despicable conduct carried on in conscious and willful disregard of the rights and safety of Plaintiff. EX-3. The amount of exemplary damages sought is a. b. E not shown, pursuant to $ Code of Civil Procedure section 425.10. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California Exemplary Damages AttaChment www,courtinfo.ca.gov PLD-PI-001(6) [Rev. January 1. 2007]