On April 09, 2020 a
Order to Show Cause
was filed
involving a dispute between
Gilbert, Greg,
and
Henson, Craig,
for (22) Unlimited Auto
in the District Court of Butte County.
Preview
PLD-PI-QG1
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addressl: FOR COURT USE ONLY
Barrick Arnold (State Bar 0 284470)
The Law Offices of Max G. Arnold, Inc.
20 Constitution Dr., Ste. A
Chico, CA 95973
TELEPHDNE No:
(530) 897 5020 (530)
FAX NO. (optional): 897 5030
E-MAIL ADDRESS (Optionall:
Plaintiff Gre
ATTQRNEY FQR (Namel: Gilbert
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
sTREET ADDREss:] 775 Concord Ave.
ADDRESS:
MAII ING
Ch&co
clTY AND zIP coDE: 95928
BRANGH NAME:Chico Courthouse
PLAINTIFF: Greg Gjlhert 4/9/2020
DEFEN[3ANT: Craig Henson
DOES 1 TO 10
Property Damage, Wrongful Death
~
COMPLAINT— Personal Injury,
AMENDED (N(U(((n her):
Type (check all that appiy):
~x
~
MOTOR VEHICLE ~~ OTHER (specify):
~x
Property l3amage
Personal Injury ~ Wrongful Death
Other l3amages (specffy)l
~
Jurisdiction (check all that apply):
~
ACTION IS A LIMITEI3 CIVIL CASE
CASE NUMBER:
Amount demanded
~ does not exceed $ 1Q,GGQ
exceeds $ 1G,QQG, but does not exceed $ 25„QGG 20CV00861
~
~x ACTION IS AN UNLIMITED
~
CIVIL CASE (exceeds $ 25,GGG)
ACTION IS RECLASSIIFIED by this amended complaint
1.
~ from limited to unlimited
from unlimited to limited
Plaintiff (name or names): Greg Gilbert
alleges causes of action against defendant (name or names): Craig Henson
2. This pleading, including attachments and exhibits, consists of the following number of pages:4
3.
a. ~
Each plaintiff named above is a competent adult
~
except plaintiff (name):
(1)
(2) ~
~
a corporation qualified to do business in California
an unincorporated entity (describe):
(3)
(4) ~ ~
a minor ~
a public entity (describe):
an adult
~
(a)
(b) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
other (specify):
b. ~ (5)
~
other (specify):
except plaintiff (name):
(1)
(2) ~
~
a corporation qualified to do business in California
an unincorporated entity (describe):
(3)
(4) ~ ~
a minor ~
a public entity (describe):
an adult
(5) ~
(a)
(b) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
other (specify):
other (specify):
~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Form Approved for Optional Use
Page 1 ot 3
Code of Civil Procedure, II 425.12
Judicial Council of California www.courtinfo.ca,gov
PLD-Pl-001 [Rev. January 1, 2007[
LexisÃexisOtt Automated Ca(ifor'nia Judicial Counci I Fot rns
NUMBER'LD-Pl-GG1
SHORT TITLE: CASE
Gilbert vs. Benson
4. ~ Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5.
a. ~
Each defendant named above is a natural person
~
except defendant (name): c. ~ ~
except defendant (name):
(1)
(2)
(3)
~
~
a business organization, form unknown
a corporation
an unincorporated entity (describe):
(1)
(2)
(3)
~
~
a business organization, form unknown
a corporation
an unincorporated entity (describe):
(4) ~ a public entity (describe): (4) ~ a public entity (describe):
(5) ~ other (specify): (5) ~ other (specify):
b. ~ ~
except defendant (name): d. ~ ~
except defendant (name):
(1)
(2)
(3)
~
~
a business organization, form unknown
a corporation
an unincorporated entity (describe):
(1)
(2)
(3)
~
~
a business organization, form unknown
a corporation
an unincorporated entity (describe):
(4) ~ a public entity (describe): (4) ~ a public entity (describe):
(5) ~ other (specify): (5) ~ other (specify):
~ Information about additional defendants who are not natural persons is contained in Attachment 5.
a. ~
The true names of defendants sued as Does are unknown to plaintiff.
Doe defendants (specify Doe numbers): were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. ~x Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to
~ plaintiff.
Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a.
b. ~~x at least one defendant now resides in its jurisdictional area.
the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c.
d. ~~x injury to person or damage to personal property occurred in its jurisdictional area.
other (specify):
9. ~~ Plaintiff is required to comply with a claims statute, and
a.
b. ~ has complied with applicable claims statutes, or
is excused from complying because (specify):
PLD-Pl-001[Rev. January
1,2007] Page 2 of 3
LexisNexis Automated California Judicial Council Fornts
PLD-Pll-GG1
SHORT TITLE: CASE NUMBER:
Gilbert vs. Henson
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
a. ~
causes of action attached):
~ Motor Vehicle
b.
c. ~
~
General Negligence
Intentional Tort
d.
e.
f.
~
~
Products Liability
Premises Liability
Other (specify):
1 1.
a.
b.
~
Plaintiff has suffered
~ wage loss
loss of use of property
c. ~x hospital and medical expenses
d.
e. ~
~x general damage
property damage
f.
g. ~
~x loss of earning capacity
other damage (specify):
12. ~~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a.
b. ~ listed in Attachment 12.
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)
(2)~~x compensatory damages
punitive damages
The amount of damages is (in cases for personalinjury or wrongful death, you must check (1)):
(1)
(2)~~x according to proof
in the amount of: $
15. ~ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: March 20, 2020
Barrick Arnold
(TYPE OR PRINT NAME) (SIGNATURE OF PL
INTIFF OR ATTORNEY)
PLD-Pl-001 [Rev, January 1, 2007] Page 3 of 3
LexisNexiy Automated California Judicial Council Foiuiia
8 LD-P I-OO1 (1 )
SHORT TITLE: CASE NUMBER:
Gilbert vs. Benson
FIRST CAUSE GF ACTllG
(number1
ATTACHMENT TO ~X Complaint ~ Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name):Greg Gilbert
MV- 1. Plaintiff allegesthe acts of defendants were negligent; the acts were the iegal (proximatel cause of injuries
and damages to plaintiff; the acts occurred
on (date): September 19, 2018
at (piace):Intersection of Bird Street k, 5th Avenue, within the city limits of Oroville, California.
MV- 2. DEFENDANTS
a. ~x The defendants who operated a motor vehicle are (names): Craig Benson
Does 1 to 10
b. ~x The defendants who employed the persons who operated a motor vehicle inthe course of their employment
are (names):
lX Does 1 to 10
c. ~x The defendants who owned the motor vehicie which was operated with their permission are (names):
Does 1 to 10
d. ~x The defendants who entrusted the motor vehicle are (names):
~X Does 1 to 10
e. ~x The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names): Craig Benson
f. ~ ~X Does 1
listed in Attachment MV-2f
to
~
10
The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
as follows:
Does
Page 1 of 1
Form Approved for Optional Uae Code of Civil Procedure 425 12
Judicial Council of California www.courtinfo.ca.gov
PLD-Pt-001(1) [Rev. January 1, 2007]
LexisNexis Automated Califoi nia Jtrdicr'al Council For rrts
Document Filed Date
January 20, 2021
Case Filing Date
April 09, 2020
Category
(22) Unlimited Auto
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Preview
PLD-PI-QG1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addressl: FOR COURT USE ONLY Barrick Arnold (State Bar 0 284470) The Law Offices of Max G. Arnold, Inc. 20 Constitution Dr., Ste. A Chico, CA 95973 TELEPHDNE No: (530) 897 5020 (530) FAX NO. (optional): 897 5030 E-MAIL ADDRESS (Optionall: Plaintiff Gre ATTQRNEY FQR (Namel: Gilbert SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE sTREET ADDREss:] 775 Concord Ave. ADDRESS: MAII ING Ch&co clTY AND zIP coDE: 95928 BRANGH NAME:Chico Courthouse PLAINTIFF: Greg Gjlhert 4/9/2020 DEFEN[3ANT: Craig Henson DOES 1 TO 10 Property Damage, Wrongful Death ~ COMPLAINT— Personal Injury, AMENDED (N(U(((n her): Type (check all that appiy): ~x ~ MOTOR VEHICLE ~~ OTHER (specify): ~x Property l3amage Personal Injury ~ Wrongful Death Other l3amages (specffy)l ~ Jurisdiction (check all that apply): ~ ACTION IS A LIMITEI3 CIVIL CASE CASE NUMBER: Amount demanded ~ does not exceed $ 1Q,GGQ exceeds $ 1G,QQG, but does not exceed $ 25„QGG 20CV00861 ~ ~x ACTION IS AN UNLIMITED ~ CIVIL CASE (exceeds $ 25,GGG) ACTION IS RECLASSIIFIED by this amended complaint 1. ~ from limited to unlimited from unlimited to limited Plaintiff (name or names): Greg Gilbert alleges causes of action against defendant (name or names): Craig Henson 2. This pleading, including attachments and exhibits, consists of the following number of pages:4 3. a. ~ Each plaintiff named above is a competent adult ~ except plaintiff (name): (1) (2) ~ ~ a corporation qualified to do business in California an unincorporated entity (describe): (3) (4) ~ ~ a minor ~ a public entity (describe): an adult ~ (a) (b) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other (specify): b. ~ (5) ~ other (specify): except plaintiff (name): (1) (2) ~ ~ a corporation qualified to do business in California an unincorporated entity (describe): (3) (4) ~ ~ a minor ~ a public entity (describe): an adult (5) ~ (a) (b) ~ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other (specify): other (specify): ~ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Form Approved for Optional Use Page 1 ot 3 Code of Civil Procedure, II 425.12 Judicial Council of California www.courtinfo.ca,gov PLD-Pl-001 [Rev. January 1, 2007[ LexisÃexisOtt Automated Ca(ifor'nia Judicial Counci I Fot rns NUMBER'LD-Pl-GG1 SHORT TITLE: CASE Gilbert vs. Benson 4. ~ Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. a. ~ Each defendant named above is a natural person ~ except defendant (name): c. ~ ~ except defendant (name): (1) (2) (3) ~ ~ a business organization, form unknown a corporation an unincorporated entity (describe): (1) (2) (3) ~ ~ a business organization, form unknown a corporation an unincorporated entity (describe): (4) ~ a public entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (5) ~ other (specify): b. ~ ~ except defendant (name): d. ~ ~ except defendant (name): (1) (2) (3) ~ ~ a business organization, form unknown a corporation an unincorporated entity (describe): (1) (2) (3) ~ ~ a business organization, form unknown a corporation an unincorporated entity (describe): (4) ~ a public entity (describe): (4) ~ a public entity (describe): (5) ~ other (specify): (5) ~ other (specify): ~ Information about additional defendants who are not natural persons is contained in Attachment 5. a. ~ The true names of defendants sued as Does are unknown to plaintiff. Doe defendants (specify Doe numbers): were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. ~x Doe defendants (specify Doe numbers): 1-10 are persons whose capacities are unknown to ~ plaintiff. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. b. ~~x at least one defendant now resides in its jurisdictional area. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. d. ~~x injury to person or damage to personal property occurred in its jurisdictional area. other (specify): 9. ~~ Plaintiff is required to comply with a claims statute, and a. b. ~ has complied with applicable claims statutes, or is excused from complying because (specify): PLD-Pl-001[Rev. January 1,2007] Page 2 of 3 LexisNexis Automated California Judicial Council Fornts PLD-Pll-GG1 SHORT TITLE: CASE NUMBER: Gilbert vs. Henson 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more a. ~ causes of action attached): ~ Motor Vehicle b. c. ~ ~ General Negligence Intentional Tort d. e. f. ~ ~ Products Liability Premises Liability Other (specify): 1 1. a. b. ~ Plaintiff has suffered ~ wage loss loss of use of property c. ~x hospital and medical expenses d. e. ~ ~x general damage property damage f. g. ~ ~x loss of earning capacity other damage (specify): 12. ~~ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. b. ~ listed in Attachment 12. 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) (2)~~x compensatory damages punitive damages The amount of damages is (in cases for personalinjury or wrongful death, you must check (1)): (1) (2)~~x according to proof in the amount of: $ 15. ~ The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: March 20, 2020 Barrick Arnold (TYPE OR PRINT NAME) (SIGNATURE OF PL INTIFF OR ATTORNEY) PLD-Pl-001 [Rev, January 1, 2007] Page 3 of 3 LexisNexiy Automated California Judicial Council Foiuiia 8 LD-P I-OO1 (1 ) SHORT TITLE: CASE NUMBER: Gilbert vs. Benson FIRST CAUSE GF ACTllG (number1 ATTACHMENT TO ~X Complaint ~ Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name):Greg Gilbert MV- 1. Plaintiff allegesthe acts of defendants were negligent; the acts were the iegal (proximatel cause of injuries and damages to plaintiff; the acts occurred on (date): September 19, 2018 at (piace):Intersection of Bird Street k, 5th Avenue, within the city limits of Oroville, California. MV- 2. DEFENDANTS a. ~x The defendants who operated a motor vehicle are (names): Craig Benson Does 1 to 10 b. ~x The defendants who employed the persons who operated a motor vehicle inthe course of their employment are (names): lX Does 1 to 10 c. ~x The defendants who owned the motor vehicie which was operated with their permission are (names): Does 1 to 10 d. ~x The defendants who entrusted the motor vehicle are (names): ~X Does 1 to 10 e. ~x The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Craig Benson f. ~ ~X Does 1 listed in Attachment MV-2f to ~ 10 The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are as follows: Does Page 1 of 1 Form Approved for Optional Uae Code of Civil Procedure 425 12 Judicial Council of California www.courtinfo.ca.gov PLD-Pt-001(1) [Rev. January 1, 2007] LexisNexis Automated Califoi nia Jtrdicr'al Council For rrts