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  • Edward Kachouh vs. Paramjit Bhullar23 Unlimited - Other PI/PD/WD document preview
  • Edward Kachouh vs. Paramjit Bhullar23 Unlimited - Other PI/PD/WD document preview
  • Edward Kachouh vs. Paramjit Bhullar23 Unlimited - Other PI/PD/WD document preview
  • Edward Kachouh vs. Paramjit Bhullar23 Unlimited - Other PI/PD/WD document preview
  • Edward Kachouh vs. Paramjit Bhullar23 Unlimited - Other PI/PD/WD document preview
  • Edward Kachouh vs. Paramjit Bhullar23 Unlimited - Other PI/PD/WD document preview
  • Edward Kachouh vs. Paramjit Bhullar23 Unlimited - Other PI/PD/WD document preview
  • Edward Kachouh vs. Paramjit Bhullar23 Unlimited - Other PI/PD/WD document preview
						
                                

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PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY John Miser SBN: 313987 SIERRA LITIGATION 1225 East Divisadero Street Fresno, California 93721 TELEPHONE NO: (559) 472-9906 FAX NO. (Optional): (888) 405-2536 jmiser@sierralitigation.com E-MAIL ADDRESS (Optional): Plaintiff, Edward Kachouh ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: 1130 "O" Street MAILING ADDRESS:1130 "O" Street Fresno, California 93721 CITY AND ZIP CODE: BRANCH NAME: B.F. Sisk Courthouse PLAINTIFF: EDWARD KACHOUH DEFENDANT: PARAMJIT SINGH BHULLAR dba VARSITY LIQUORS, and E-FILED DOES 1 TO 20 10/9/2020 1:18 PM COMPLAINT—Personal Injury, Property Damage, Wrongful Death Superior Court of California AMENDED (Number): County of Fresno Type (check all that apply): By: J. Nelson, Deputy MOTOR VEHICLE OTHER (specify): Premises Property Damage Wrongful Death Personal Injury Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 20CECG02994 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited 1. Plaintiff (name or names): EDWARD KACHOUH alleges causes of action against defendant (name or names): PARAMJIT SINGH BHULLAR dba VARSITY LIQUORS; and DOES 1 to 20, inclusive. 2. This pleading, including attachments and exhibits, consists of the following number of pages: 5 3. Each plaintiff named above is a competent adult a. except plaintiff (name): (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): b. except plaintiff (name): (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) other (specify): (5) other (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use Judicial Council of California COMPLAINT—Personal Injury, Property Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death American LegalNet, Inc. www.FormsWorkflow.com PLD-PI-001 SHORT TITLE: CASE NUMBER: KACHOUH v. VARSITY LIQUORS 4. Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. except defendant (name): c. except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) 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) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) 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. 6. The true names of defendants sued as Does are unknown to plaintiff. a. Doe defendants (specify Doe numbers): 1 to 10, inclusive 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): 11 to 20, inclusive are persons whose capacities are unknown to plaintiff. 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. at least one defendant now resides in its jurisdictional area. b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): 9. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): PLD-PI-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 2 of 3 Damage, Wrongful Death American LegalNet, Inc. www.FormsWorkflow.com PLD-PI-001 SHORT TITLE: CASE NUMBER: KACHOUH v. VARSITY LIQUORS 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 b. General Negligence c. Intentional Tort d. Products Liability e. Premises Liability f. Other (specify): 11. Plaintiff has suffered a. wage loss b. loss of use of property c. hospital and medical expenses d. general damage e. property damage f. loss of earning capacity g. other damage (specify): All economic and non-economic damages known and unknown to Plaintiffs at this time but subject to proof at time of Trial; pre-judgment interest. 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. listed in Attachment 12. b. 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) compensatory damages (2) punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) according to proof (2) in the amount of: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): All paragraphs of this complaint are based and alleged on information and belief. Date: 10/09/2020 John Miser } (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 3 of 3 Damage, Wrongful Death American LegalNet, Inc. www.FormsWorkflow.com PLD-PI-001(2) SHORT TITLE: CASE NUMBER: KACHOUH v. VARSITY LIQUORS FIRST CAUSE OF ACTION—General Negligence Page 4 (number) ATTACHMENT TO Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): EDWARD KACHOUH alleges that defendant (name): PARAMJIT SINGH BHULLAR dba VARSITY LIQUORS 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): 5/07/2020 at (place): Varsity Liquors, 3057 E. Ashlan Avenue, Fresno, CA (description of reasons for liability): Defendants, and each of them, so negligently and carelessly owned, operated, maintained, controlled, and inspected the subject premises so as to create and/or permit the existence of a dangerous condition of the subject premises and/or on the subject premises. The subject premises were in a dangerous condition at the time the injuries and damages were caused, and Plaintiff, Edward Kachouh's injuries were caused by these dangerous conditions. Said dangerous condition consisted of known violent patrons and security risks including assault, disturbances and burglary. Defendants further failed to guard or warn against said dangerous conditions. As a direct result of Defendants' negligence, Plaintiff suffered, and continues to suffer, damages not limited to, wage loss, hospital and medical expenses, general damages, and loss of earning capacity. Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Council of California CAUSE OF ACTION—General Negligence www.courtinfo.ca.gov PLD-PI-001(2) [Rev. January 1, 2007] American LegalNet, Inc. www.FormsWorkflow.com PLD-PI-001(4) SHORT TITLE: CASE NUMBER: KACHOUH v. VARSITY LIQUORS SECOND CAUSE OF ACTION—Premises Liability Page 5 (number) ATTACHMENT TO Complaint Cross - Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name): EDWARD KACHOUH alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): 5/07/2020 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): Plaintiff was walking into the store owned and operated by defendant PARAMJIT SINGH BHULLAR dba VARSITY LIQUORS when he was assaulted by another patron. Prem.L-2. Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): PARAMJIT SINGH BHULLAR dba VARSITY LIQUORS Does 1 to 10 Prem.L-3. Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): PARAMJIT SINGH BHULLAR dba VARSITY LIQUORS Does 1 to 10 Plaintiff, a recreational user, was an invited guest a paying guest. Prem.L-4. Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): PARAMJIT SINGH BHULLAR dba VARSITY LIQUORS Does 1 to 10 a. The defendant public entity had actual constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. The condition was created by employees of the defendant public entity. Prem.L-5. a. Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Does 1 to 10 b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are described in attachment Prem.L-5.b as follows (names): DOES 11 TO 20, inclusive. Page 1 of 1 Form Approved for Optional Use Judicial Council of California CAUSE OF ACTION—Premises Liability Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-PI-001(4) [Rev. January 1, 2007] American LegalNet, Inc. www.FormsWorkflow.com