Preview
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
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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
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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]
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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