Preview
1 LAW OFFICES OF
REINER, SLAUGHTER
2 & FRANKEL, LLP
2851 Park Marina Drive, Suite 200
3 Post Office Box 494940 7/28/2020
Redding, CA 96049-4940
(530) 241-1905
4 FAX (530) 241-0622
5 Russell Reiner, State Bar No. 84461
Todd E. Slaughter, State Bar No. 87753
6 Rick Lundblade, State Bar No. 220662
April K. Stratte, State Bar No. 290423
7
8 Attorneys for Plaintiff
9
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
10
11
12 TIMOTHY TITTLE, NO. 20CV01478
13 Plaintiff, . COMPLAINT FOR DAMAGES
(Amount in controversy exceeds $25,000.00)
14 vs.
15 BRADLEY PHILIP PERRY;
ROBERT PERRY;
16 KATHY PERRY;
and DOES I through 50, inclusive,
17
Defendants.
18 _____________ ____:/
19
20 Plaintiff alleges:
21 PRELIMINARY ALLEGATIONS
22 1. Plaintiff TIMOTHY TITTLE is,and at all times herein mentioned was, an
23 individual residing in Butte County, California.
24 2. Defendant BRADLEY PHILIP PERRY is,and at all times herein mentioned
25 was, an individual residing in Butte County, California.
26 3. Defendant ROBERT PERRY is, and at all times herein mentioned was, an
27 individual.
28 II/
1
COMPLAINT FOR DAMAGES
1 4. Defendant KATHY PERRY is, and at all times herein mentioned was, an
2 individual.
3 5. Defendants Doe 1 through 50, inclusive, are sued herein under fictitious
4 names. Their true names and capacities are unknown to Plaintiff. When their true names and
5 capacities are ascertained, Plaintiff will amend this complaint by inserting their true names
6 and capacities herein. Plaintiff is informed and believes and thereon alleges that each of the
7 fictitiously named defendants is responsible in some manner for the occurrences herein
8 alleged, and that Plaintiffs damages as herein alleged were legally caused by those
9 defendants. Each reference in this complaint to "defendant," "defendants," or a specifically
10 named defendant refers also to all defendants sued under fictitious names.
11 6. That at all times herein mentioned, each of the defendants, including all
12 defendants sued under fictitious names, was the agent, principal, servant, master, partner,
13 joint venturer, franchisee, franchiser, employee and/or employer of each of the other
14 defendants, and in doing the things herein mentioned, was acting in the course and scope of
15 the authority of said agency, employment, service, partnership, joint venture and franchise,
16 with the permission and consent of their co-defendants.
17 7. At all times herein mentioned, defendants BRADLEY PHILIP PERRY and/or
18 Does 1 through 10, inclusive, were the operators of a certain 2006 Ford Fusion automobile,
19 California License Number 5UJG061.
20 8. At all times herein mentioned, defendants BRADLEY PHILIP PERRY,
21 ROBERT PERRY, KATHY PERRY, and/or Does 11 through 20, inclusive, were the owners
22 of the aforementioned 2006 Ford Fusion automobile, California License Number 5UJG061.
23 9. At all times herein mentioned, plaintiff TIMOTHY TITTLE was the owner of
24 a certain 2004 Mercedes-Benz SL500 automobile, California License Number 5VXV206.
25 10. At all times herein mentioned, plaintiff TIMOTHY TITTLE was the operator
26 of the aforementioned 2004 Mercedes-Benz SL500 automobile, California License Number
27 5VXV206.
28 II I
2
COMPLAINT FOR DAMAGES
1 11. At all times herein mentioned, Esplanade was and is a public street in the City
2 of Chico, County of Butte, State of California.
3
CAUSE OF ACTION - NEGLIGENCE
4
(As to all defendants)
5
12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 of the
6
preliminary allegations and makes the same a part of this cause of action as though fully set
7
forth herein.
8
13. On or about August 21, 2018, Plaintiff TIMOTHY TITTLE was driving in the
9
2004 Mercedes-Benz SL500 automobile along and on Esplande in a generally northerly
10
direction when he brought his vehicle to a stop and waited for oncoming traffic to clear
11
before beginning to turn left into an office building complex.
12
14. At that time and place, defendants, and each of them, so negligently entrusted,
13
managed, maintained, drove, and operated the aforementioned 2006 Ford Fusion automobile
14
along and on Esplanade in a generally northerly direction so as to cause it to collide with the
15
rear of the vehicle which Plaintiff was driving and to legally cause the injuries and damages
16
to Plaintiff as hereinafter described.
17
15. As a legal result of the negligence of defendants, and each of them, and the
18
resulting collision, as herein alleged, plaintiff was injured in his health, strength, and activity,
19
sustaining injury to his body and shock and injury to his nervous system and person, all of
20
which injuries have caused and continue to cause Plaintiff great mental, physical and nervous
21
pain and suffering. These injuries will result in some permanent disability to Plaintiff, all to
22
his general damages in an amount according to proof and in excess of the general
23
jurisdictional requirements of this court.
24
16. As a further legal result of the negligence of defendants, and each of them, as
25
herein alleged, Plaintiff has been and in the future will be required to obtain the services of
26
physicians and to incur other medical expenses in an amount unknown to Plaintiff at this
27
time.
28
3
COMPLAINT FOR DAMAGES
1 17. As a further legal result of said negligence of defendants, and each of them,
2 Plaintiff was unable to work, and will be unable to work for an indefinite period of time in
3 the future.
4 18. As a further legal result of said negligence of defendants, and each of them ,
5 Plaintiff has sustained a loss of earning capacity in an an1ount according to proof.
6 19. As a further legal result of said negligence of defendants, and each of them ,
7 Plaintiff has sustained property damage and loss of use of property in an amo unt according to
8 proof.
9 WHEREFORE, P laintiff prays for j udgment against defendants, and each of them , as
10 fo llows:
11 1. For general dam ages according to proof.
12 2. For medical expenses according to proof.
13 3. For dam ages for loss of income and earnings and impairment of
14 earning ability accord ing to proof.
15 4. For property damage and loss of use of property in a sum according
16 to proof.
17 5. For prejudgm ent interest as allowed by law.
18 6. For costs of suit incurred herein.
19 7. For such other and fu11her relief as the court may deem proper.
20
Dated: July 27, 2020 REINER, SLAUGHTER & FRANKEL, LLP
21
22
23
By ~£--
RUSSELL REINER
-
Attorneys for Plaintiff
24
25
26
27
28
4
COM PLAJNT FOR DA MAGES
Preview
1 LAW OFFICES OF REINER, SLAUGHTER 2 & FRANKEL, LLP 2851 Park Marina Drive, Suite 200 3 Post Office Box 494940 7/28/2020 Redding, CA 96049-4940 (530) 241-1905 4 FAX (530) 241-0622 5 Russell Reiner, State Bar No. 84461 Todd E. Slaughter, State Bar No. 87753 6 Rick Lundblade, State Bar No. 220662 April K. Stratte, State Bar No. 290423 7 8 Attorneys for Plaintiff 9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 10 11 12 TIMOTHY TITTLE, NO. 20CV01478 13 Plaintiff, . COMPLAINT FOR DAMAGES (Amount in controversy exceeds $25,000.00) 14 vs. 15 BRADLEY PHILIP PERRY; ROBERT PERRY; 16 KATHY PERRY; and DOES I through 50, inclusive, 17 Defendants. 18 _____________ ____:/ 19 20 Plaintiff alleges: 21 PRELIMINARY ALLEGATIONS 22 1. Plaintiff TIMOTHY TITTLE is,and at all times herein mentioned was, an 23 individual residing in Butte County, California. 24 2. Defendant BRADLEY PHILIP PERRY is,and at all times herein mentioned 25 was, an individual residing in Butte County, California. 26 3. Defendant ROBERT PERRY is, and at all times herein mentioned was, an 27 individual. 28 II/ 1 COMPLAINT FOR DAMAGES 1 4. Defendant KATHY PERRY is, and at all times herein mentioned was, an 2 individual. 3 5. Defendants Doe 1 through 50, inclusive, are sued herein under fictitious 4 names. Their true names and capacities are unknown to Plaintiff. When their true names and 5 capacities are ascertained, Plaintiff will amend this complaint by inserting their true names 6 and capacities herein. Plaintiff is informed and believes and thereon alleges that each of the 7 fictitiously named defendants is responsible in some manner for the occurrences herein 8 alleged, and that Plaintiffs damages as herein alleged were legally caused by those 9 defendants. Each reference in this complaint to "defendant," "defendants," or a specifically 10 named defendant refers also to all defendants sued under fictitious names. 11 6. That at all times herein mentioned, each of the defendants, including all 12 defendants sued under fictitious names, was the agent, principal, servant, master, partner, 13 joint venturer, franchisee, franchiser, employee and/or employer of each of the other 14 defendants, and in doing the things herein mentioned, was acting in the course and scope of 15 the authority of said agency, employment, service, partnership, joint venture and franchise, 16 with the permission and consent of their co-defendants. 17 7. At all times herein mentioned, defendants BRADLEY PHILIP PERRY and/or 18 Does 1 through 10, inclusive, were the operators of a certain 2006 Ford Fusion automobile, 19 California License Number 5UJG061. 20 8. At all times herein mentioned, defendants BRADLEY PHILIP PERRY, 21 ROBERT PERRY, KATHY PERRY, and/or Does 11 through 20, inclusive, were the owners 22 of the aforementioned 2006 Ford Fusion automobile, California License Number 5UJG061. 23 9. At all times herein mentioned, plaintiff TIMOTHY TITTLE was the owner of 24 a certain 2004 Mercedes-Benz SL500 automobile, California License Number 5VXV206. 25 10. At all times herein mentioned, plaintiff TIMOTHY TITTLE was the operator 26 of the aforementioned 2004 Mercedes-Benz SL500 automobile, California License Number 27 5VXV206. 28 II I 2 COMPLAINT FOR DAMAGES 1 11. At all times herein mentioned, Esplanade was and is a public street in the City 2 of Chico, County of Butte, State of California. 3 CAUSE OF ACTION - NEGLIGENCE 4 (As to all defendants) 5 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 of the 6 preliminary allegations and makes the same a part of this cause of action as though fully set 7 forth herein. 8 13. On or about August 21, 2018, Plaintiff TIMOTHY TITTLE was driving in the 9 2004 Mercedes-Benz SL500 automobile along and on Esplande in a generally northerly 10 direction when he brought his vehicle to a stop and waited for oncoming traffic to clear 11 before beginning to turn left into an office building complex. 12 14. At that time and place, defendants, and each of them, so negligently entrusted, 13 managed, maintained, drove, and operated the aforementioned 2006 Ford Fusion automobile 14 along and on Esplanade in a generally northerly direction so as to cause it to collide with the 15 rear of the vehicle which Plaintiff was driving and to legally cause the injuries and damages 16 to Plaintiff as hereinafter described. 17 15. As a legal result of the negligence of defendants, and each of them, and the 18 resulting collision, as herein alleged, plaintiff was injured in his health, strength, and activity, 19 sustaining injury to his body and shock and injury to his nervous system and person, all of 20 which injuries have caused and continue to cause Plaintiff great mental, physical and nervous 21 pain and suffering. These injuries will result in some permanent disability to Plaintiff, all to 22 his general damages in an amount according to proof and in excess of the general 23 jurisdictional requirements of this court. 24 16. As a further legal result of the negligence of defendants, and each of them, as 25 herein alleged, Plaintiff has been and in the future will be required to obtain the services of 26 physicians and to incur other medical expenses in an amount unknown to Plaintiff at this 27 time. 28 3 COMPLAINT FOR DAMAGES 1 17. As a further legal result of said negligence of defendants, and each of them, 2 Plaintiff was unable to work, and will be unable to work for an indefinite period of time in 3 the future. 4 18. As a further legal result of said negligence of defendants, and each of them , 5 Plaintiff has sustained a loss of earning capacity in an an1ount according to proof. 6 19. As a further legal result of said negligence of defendants, and each of them , 7 Plaintiff has sustained property damage and loss of use of property in an amo unt according to 8 proof. 9 WHEREFORE, P laintiff prays for j udgment against defendants, and each of them , as 10 fo llows: 11 1. For general dam ages according to proof. 12 2. For medical expenses according to proof. 13 3. For dam ages for loss of income and earnings and impairment of 14 earning ability accord ing to proof. 15 4. For property damage and loss of use of property in a sum according 16 to proof. 17 5. For prejudgm ent interest as allowed by law. 18 6. For costs of suit incurred herein. 19 7. For such other and fu11her relief as the court may deem proper. 20 Dated: July 27, 2020 REINER, SLAUGHTER & FRANKEL, LLP 21 22 23 By ~£-- RUSSELL REINER - Attorneys for Plaintiff 24 25 26 27 28 4 COM PLAJNT FOR DA MAGES