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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY ‘Name, StalNghumber, and adress)
-- Matthew R. Eason 160148
Eason & Tambornini, A Law Corporation
1234 H Street, Suite 200
Sacramento, CA 95814
tevepHoneno. (916) 438-1819 FaxNo.(Ostionay; (916) 438-1820
E-MAIL ADDRESS (Optionan: matthew@capcitylaw.com
ATTORNEY FOR (Name. PLAINTIFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
streetappress: 191 N. First Street
MAILING ADDRESS:
cityanozecoou. San Jose, CA 95113
srancHNaME: Downtown Superior Court
PLAINTIFF: FRED S. BROYLES
DEFENDANT: ACE RELOCATION SYSTEMS INC., dba ACE
RELOCATION SYSTEMS OF WASHINGTON; SANTIAGO ARROYOS and
| (voces + to 25
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
() AMENDED (Number):
Type (check all that apply):
CO MOTOR VEHICLE = (Z]] OTHER (specify): + Premises/Negli.
CQ Property Damage = [L] Wrongful Death
[&} Personal Injury () Other Damages (specify):
Newt FOR COURT USE ONLY
Jurisdiction (check all that apply):
(2) ACTION Is A LIMITED CIVIL CASE
Amount demanded [_] does not exceed $10,000
(C) exceeds $10,000, but does not exceed $25,000
[Q) ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
() ACTION IS RECLASSIFIED by this amended complaint
(CC) from limited to untimited
[} from uniimited to limited
CASE NUMBER:
1. Plaintiff (name ornames): FRED S. BROYLES
alleges causes of action againstdefendant (name or names): ACE RELOCATION SYSTEMS INC., dba ACE
RELOCATION SYSTEMS OF WASHINGTON;SANTIAGO ARROYOS and DOES 1-25, 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. [C) except plaintiff (name):
(1) CQ a corporation qualified to do business in California
(2) () an unincorporated entity (describe):
(3) CQ a public entity (describe):
(4) CQ aminor (J an adult
(a) (C) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) () other (specify):
(5) CQ other (specify):
b. C) except plaintiff (name):
(1) LL) a corporation qualified to do business in California
(2) CL) an unincorporated entity (describe):
(3) C) a public entity (describe):
(4) (CQ aminor [) anaduit
(a) C2) for whom a guardian or conservator of the estate or a guardian ad litem has been appeinted
(b) (} other (specify):
(8) CY other (specify):
(2) Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Form Approved for Optional Use . COMPLAINT-Personal Injury, Property
BSI leony aon CEB’ Espontit Damage, Wrongful Death
Code of Cvt Procedure, § 425 2,
BROYLES, FRED S.PLD-PI-001
SHORT TITLE: Ve Menor
BROYLES V. ACE RELOCATION SYSTEMS
4. UC] Plaintiff (name); FRED S. BROYLES
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. [EQ] except defendant (name): c. C2) except defendant (name):
ACE RELOCATION SYSTEMS
(1) (2) a business organization, form unknown (1) (2) a business organization, form unknown
(2) [K] a corporation (2) () acorporation
(3) (C) an unincorporated entity (describe): (3) (C) an unincorporated entity (describe):
(4) EL) a public entity (describe): (4) (1 a public entity (describe):
(6) (CD other (specify): ©) (2) other (specify):
b. (CC) except defendant (name): d. (2) except defendant (name):
(1) ().a business organization, form unknown (1) [a business organization, form unknown
(2) C) acorporation (2) [2] a corporation
(3) (2) an unincorporated entity (describe): (3) (2) an unincorporated entity (describe):
(4) CV a public entity (describe): (4) CQ a public entity (describe):
(5) [) other (specify): (5) () other (specify):
(C) Information about additional defendants who are not natural persons is contained in Attachment 5.
The true names of defendants sued as Does are unknown to plaintiff.
a. [Z} Doe defendants (specify Doe numbers): 1-25 sere the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b, [EQ Doe defendants (specify Doe numbers): 1=25 ate persons whose capacities are unknown to
plaintiff.
7. (2) Defendants who are joined under Code of Civil Procedure section 382 are (names):
9.
This court is the proper court because
a. (Q) atleast one defendant now resides in its jurisdictional area.
b. (CQ the principal piace of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. [J injury to person or damage to personal property occurred in its jurisdictional area.
d. () other (specify):
(CC) Plaintiff is required to comply with a claims statute, and
a. (2) has complied with applicable claims statutes, or
b, (1) is excused from complying because (specify):
PLO-P1-001 (Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 0f 3
cI Essential Damage, Wrongful Death
exbcom 47 TOMS
BROYLES, FRED S.PLD-PI-001
SHORT TITLE: New JE NUMBER:
BROYLES V. ACE RELOCATION SYSTEMS
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. [2] Motor Vehicle
b. (Q] General Negligence
c. (2) Intentional Tort
d
e
f.
CC) Products Liability
[X) Premises Liability
CC) Other (specify):
11, Plaintiffhas suffered and/or will suffer:
CD wage loss
[X) loss of use of property
& hospital and medical expenses
(&D general damage
(&] property damage
[CX] loss of earning capacity
[&) other damage (specify) :
Loss of Enjoyment of Life
ernaoge
The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
CD listed in Attachment 12.
2
a.
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) QQ) compensatory damages
(2) CY punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1):
(1) QQ according to proof
(2) CQ inthe amount of: $
15. () The paragraphs of this compiaint alleged on information and belief are as follows (specity paragraph numbers):
ALL
Date: 10/09/2020
i
MATTHEW R. FASON >
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLO-PE-001 (Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3
CEB Espentil Damage, Wrongful Death BROYLES, FRED S.PLD-PI-001(4)
SHORT TITLE: Neel E NUMBER
BROYLES V. ACE RELOCATION SYSTEMS
—_FIRST _____++_+==ss—- CAUSE OF ACTION - Premises Liability Page 4
(number)
ATTACHMENT TO [J Complaint [2] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (name); FRED S. BROYLES
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): or about 10/09/2019 Plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
at or near 675 Quinn Avenue, San Jose plaintiff FRED S$.
BROYLES, sustained severe and disabling injury when he was
caused to fall between two trucks, onto the cement floor. Defendants and
each of them caused plaintiff to fall due to their negligence in providing an
unsafe and improper ramp. Defendants and each of them in providing the
unsafe and improper ramp, failing to propery inspect, maintain, manage and
operate their premises as a reasonably prudent person would do.
Prem.L-2. [XJ Count One-Negligence The defendants who negligently owned, maintained, managed and operated
the described premises were (names):
ACE RELOCATION SYSTEMS, INC., dba ACE RELOCATION SYSTEMS
of WASHINGTON and
(A) Dees _ 1 = to __25
Prem.L-3. (J 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) ACE RELOCATION SYSTEMS, INC., dba ACE
RELOCATION SYSTEMS of WASHINGTON and
Ch does _1 to 25
Plaintiff, a recreational user, was (_] an invited guest (Ca 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):
ACE RELOCATION SYSTEMS, INC., dba ACE RELOCATION SYSTEMS
of WASHINGTON and
[QQ Does to __25
a. (C) The defendant public entityhad [) actual [[] constructive notice ofthe 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. [J 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):
ACE RELOCATION SYSTEMS, INC., dba ACE RELOCATION SYSTEMS
of WASHINGTON and
CG) does 1 to 25
b. [X} The defendants who are liable to plaintiffs for other reasons and the reasons for their liabitity are
(CO described in attachment Prem.L-5.b CO) as follows (names):
To Be Determined
Page 1 of 4
z ; an
eongreeueiey Catia CAUSE OF ACTION - Premises Liability emetic
PLD-P1-001(4} [Rev. January 1, 2007] cB & tial gov
|
cabcom | 2/Forms: BROYLES, FRED S.PLD-PI-001(2)
SHORT TITLE: ww NUMBER:
BROYLES V. ACE RELOCATION SYSTEMS
—_sEconp .____—~—s-~=SCAUSE OF ACTION- General Negligence — Page
(number)
ATTACHMENT TO [_) Complaint [C] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): FRED S. BROYLES
alleges that defendant (name): ACE RELOCATION SYSTEMSINC., dba ACE RELOCATION
OF WASHINGTON; SANTIAGO ARROYOS and
(dees 1 to 25
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); or about 10/09/2019
at(place). or near 675 Quinn Avenue, San Jose, CA
(description of reasons for liability) :
Plaintiff, FRED S. BROYLES, was injured by the negligence of
defendants and each of them when a ramp, insufficient and
inappropriate for the use provided, collapsed. As a result of
the collapse plaintiff fell to the ground sustaining severe
bodily injury and damages as herein alleged.
Page 1 of 1
Form Approved fr Optenal Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425 12
PLO-PIOOIG) Rev. January? 2007] CEB" Essential ‘wow courtno.ca.gov
cehcom ,#/Forms:
BROYLES, FRED S.
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PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY ‘Name, StalNghumber, and adress) -- Matthew R. Eason 160148 Eason & Tambornini, A Law Corporation 1234 H Street, Suite 200 Sacramento, CA 95814 tevepHoneno. (916) 438-1819 FaxNo.(Ostionay; (916) 438-1820 E-MAIL ADDRESS (Optionan: matthew@capcitylaw.com ATTORNEY FOR (Name. PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara streetappress: 191 N. First Street MAILING ADDRESS: cityanozecoou. San Jose, CA 95113 srancHNaME: Downtown Superior Court PLAINTIFF: FRED S. BROYLES DEFENDANT: ACE RELOCATION SYSTEMS INC., dba ACE RELOCATION SYSTEMS OF WASHINGTON; SANTIAGO ARROYOS and | (voces + to 25 COMPLAINT-Personal Injury, Property Damage, Wrongful Death () AMENDED (Number): Type (check all that apply): CO MOTOR VEHICLE = (Z]] OTHER (specify): + Premises/Negli. CQ Property Damage = [L] Wrongful Death [&} Personal Injury () Other Damages (specify): Newt FOR COURT USE ONLY Jurisdiction (check all that apply): (2) ACTION Is A LIMITED CIVIL CASE Amount demanded [_] does not exceed $10,000 (C) exceeds $10,000, but does not exceed $25,000 [Q) ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) () ACTION IS RECLASSIFIED by this amended complaint (CC) from limited to untimited [} from uniimited to limited CASE NUMBER: 1. Plaintiff (name ornames): FRED S. BROYLES alleges causes of action againstdefendant (name or names): ACE RELOCATION SYSTEMS INC., dba ACE RELOCATION SYSTEMS OF WASHINGTON;SANTIAGO ARROYOS and DOES 1-25, 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. [C) except plaintiff (name): (1) CQ a corporation qualified to do business in California (2) () an unincorporated entity (describe): (3) CQ a public entity (describe): (4) CQ aminor (J an adult (a) (C) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) () other (specify): (5) CQ other (specify): b. C) except plaintiff (name): (1) LL) a corporation qualified to do business in California (2) CL) an unincorporated entity (describe): (3) C) a public entity (describe): (4) (CQ aminor [) anaduit (a) C2) for whom a guardian or conservator of the estate or a guardian ad litem has been appeinted (b) (} other (specify): (8) CY other (specify): (2) Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use . COMPLAINT-Personal Injury, Property BSI leony aon CEB’ Espontit Damage, Wrongful Death Code of Cvt Procedure, § 425 2, BROYLES, FRED S.PLD-PI-001 SHORT TITLE: Ve Menor BROYLES V. ACE RELOCATION SYSTEMS 4. UC] Plaintiff (name); FRED S. BROYLES 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. [EQ] except defendant (name): c. C2) except defendant (name): ACE RELOCATION SYSTEMS (1) (2) a business organization, form unknown (1) (2) a business organization, form unknown (2) [K] a corporation (2) () acorporation (3) (C) an unincorporated entity (describe): (3) (C) an unincorporated entity (describe): (4) EL) a public entity (describe): (4) (1 a public entity (describe): (6) (CD other (specify): ©) (2) other (specify): b. (CC) except defendant (name): d. (2) except defendant (name): (1) ().a business organization, form unknown (1) [a business organization, form unknown (2) C) acorporation (2) [2] a corporation (3) (2) an unincorporated entity (describe): (3) (2) an unincorporated entity (describe): (4) CV a public entity (describe): (4) CQ a public entity (describe): (5) [) other (specify): (5) () other (specify): (C) Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff. a. [Z} Doe defendants (specify Doe numbers): 1-25 sere the agents or employees of other named defendants and acted within the scope of that agency or employment. b, [EQ Doe defendants (specify Doe numbers): 1=25 ate persons whose capacities are unknown to plaintiff. 7. (2) Defendants who are joined under Code of Civil Procedure section 382 are (names): 9. This court is the proper court because a. (Q) atleast one defendant now resides in its jurisdictional area. b. (CQ the principal piace of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. [J injury to person or damage to personal property occurred in its jurisdictional area. d. () other (specify): (CC) Plaintiff is required to comply with a claims statute, and a. (2) has complied with applicable claims statutes, or b, (1) is excused from complying because (specify): PLO-P1-001 (Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 0f 3 cI Essential Damage, Wrongful Death exbcom 47 TOMS BROYLES, FRED S.PLD-PI-001 SHORT TITLE: New JE NUMBER: BROYLES V. ACE RELOCATION SYSTEMS 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. [2] Motor Vehicle b. (Q] General Negligence c. (2) Intentional Tort d e f. CC) Products Liability [X) Premises Liability CC) Other (specify): 11, Plaintiffhas suffered and/or will suffer: CD wage loss [X) loss of use of property & hospital and medical expenses (&D general damage (&] property damage [CX] loss of earning capacity [&) other damage (specify) : Loss of Enjoyment of Life ernaoge The damages claimed for wrongful death and the relationships of plaintiff to the deceased are CD listed in Attachment 12. 2 a. 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) QQ) compensatory damages (2) CY punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1): (1) QQ according to proof (2) CQ inthe amount of: $ 15. () The paragraphs of this compiaint alleged on information and belief are as follows (specity paragraph numbers): ALL Date: 10/09/2020 i MATTHEW R. FASON > (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLO-PE-001 (Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3 CEB Espentil Damage, Wrongful Death BROYLES, FRED S.PLD-PI-001(4) SHORT TITLE: Neel E NUMBER BROYLES V. ACE RELOCATION SYSTEMS —_FIRST _____++_+==ss—- CAUSE OF ACTION - Premises Liability Page 4 (number) ATTACHMENT TO [J Complaint [2] Cross-Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (name); FRED S. BROYLES alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): or about 10/09/2019 Plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): at or near 675 Quinn Avenue, San Jose plaintiff FRED S$. BROYLES, sustained severe and disabling injury when he was caused to fall between two trucks, onto the cement floor. Defendants and each of them caused plaintiff to fall due to their negligence in providing an unsafe and improper ramp. Defendants and each of them in providing the unsafe and improper ramp, failing to propery inspect, maintain, manage and operate their premises as a reasonably prudent person would do. Prem.L-2. [XJ Count One-Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): ACE RELOCATION SYSTEMS, INC., dba ACE RELOCATION SYSTEMS of WASHINGTON and (A) Dees _ 1 = to __25 Prem.L-3. (J 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) ACE RELOCATION SYSTEMS, INC., dba ACE RELOCATION SYSTEMS of WASHINGTON and Ch does _1 to 25 Plaintiff, a recreational user, was (_] an invited guest (Ca 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): ACE RELOCATION SYSTEMS, INC., dba ACE RELOCATION SYSTEMS of WASHINGTON and [QQ Does to __25 a. (C) The defendant public entityhad [) actual [[] constructive notice ofthe 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. [J 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): ACE RELOCATION SYSTEMS, INC., dba ACE RELOCATION SYSTEMS of WASHINGTON and CG) does 1 to 25 b. [X} The defendants who are liable to plaintiffs for other reasons and the reasons for their liabitity are (CO described in attachment Prem.L-5.b CO) as follows (names): To Be Determined Page 1 of 4 z ; an eongreeueiey Catia CAUSE OF ACTION - Premises Liability emetic PLD-P1-001(4} [Rev. January 1, 2007] cB & tial gov | cabcom | 2/Forms: BROYLES, FRED S.PLD-PI-001(2) SHORT TITLE: ww NUMBER: BROYLES V. ACE RELOCATION SYSTEMS —_sEconp .____—~—s-~=SCAUSE OF ACTION- General Negligence — Page (number) ATTACHMENT TO [_) Complaint [C] Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): FRED S. BROYLES alleges that defendant (name): ACE RELOCATION SYSTEMSINC., dba ACE RELOCATION OF WASHINGTON; SANTIAGO ARROYOS and (dees 1 to 25 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); or about 10/09/2019 at(place). or near 675 Quinn Avenue, San Jose, CA (description of reasons for liability) : Plaintiff, FRED S. BROYLES, was injured by the negligence of defendants and each of them when a ramp, insufficient and inappropriate for the use provided, collapsed. As a result of the collapse plaintiff fell to the ground sustaining severe bodily injury and damages as herein alleged. Page 1 of 1 Form Approved fr Optenal Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425 12 PLO-PIOOIG) Rev. January? 2007] CEB" Essential ‘wow courtno.ca.gov cehcom ,#/Forms: BROYLES, FRED S.