Preview
Electronically Filed
1/22/2021 3:18 PM
1 J. Justin McKenna (SBN 238311)
Superior Court of California
CARBONE, SMITH & KOYAMA County of Stanislaus
1610 Arden Way, Suite 190 Clerk of the Court
Sacramento, CA 95815-4035 By: Mouang Saechao, Deputy
Telephone: (916) 480-1071
Facsimile: (916) 481-0990 $465 PAID
Attorneys for Defendant
PATRICK DWIGHT HOFFMAN
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
UNLIMITED CIVIL JURISDICTION
10
11 RICARDO FLORES, Case No. CV-20-004755
12 Plaintiff, NOTICE OF MOTION AND MOTION
FOR TRANSFER OF VENUE;
13 Vv MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION
14 PATRICK DWIGHT HOFFMAN; and DOES IN SUPPORT THEREOF
1 to 10,
15 REMOTE/TELEPHONE
Defendants. APPEARANCE
16
Date: February 18, 2021
17 Time: 8:30a.m.
18 Department: 24
19 Complaint Filed: October 26, 2020
20 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
21 PLEASE take notice that on February 18, 2021 at 8:30 a.m., or as soon thereafter as the
22 matter can be heard in Department 24 of the above-entitled court located at 801 10" Street, 4th
23 Floor Modesto, California 95354, Defendant PATRICK DWIGHT HOFFMAN will and hereby
24] does move the Court for an order pursuant to Code of Civil Procedure section 395(a) to transfer
25 venue of the above-captioned action to the Superior Court of California, in and for the County
26 of Sacramento for further proceedings and trial, as well as for its ultimate consolidation with the
27 case of Terry Diaz v. Patrick Hoffman, Sacramento County Superior Court Case Number 34-
28 2020-00284782-CU-PA-GDS once transfer is complete.
NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF
-l-
This motion will be made on the grounds that under Code of Civil Procedure section
395(a), Sacramento County Superior Court is a proper venue as Defendant resides in
Sacramento, California and has since the commencement of the action and the service of the
summons and complaint. [Code of Civil Procedure §§395, 396(b), 397(c)].
Transfer of this action and its ultimate consolidation will best serve judicial economy as
both related actions are pending in two different Superior Courts, are not complex, and share
common questions of law and fact. Consolidation of the two actions will therefore avoid
repetitive trials on the same common issues, avoid unnecessary costs and delays to the Court
and the parties, and prevent the risk of inconsistent adjudications.
10 This motion will be based on this notice of motion, the supporting memorandum of|
11 points and authorities, the supporting declaration of J. Justin McKenna, Esq., the stipulation
12 signed between all parties, the complete records and files herein, and on such further evidence
13 and/or oral argument as may properly be presented at the hearing of this motion.
14 Pursuant to Local Rule 3.01(c), the court will make a tentative ruling on the merits of|
15 this matter by 1:30 p.m., the court day prior to the hearing. Tentative rulings can be accessed on
16 the Internet at www.stanct.org. The tentative ruling will be the order of the court unless YOU
17 NOTIFY the Clerk’s Office and opposing counsel of your intent before 4:00 p.m. on the court
18 day preceding the hearing. You may request a hearing by calling the calendar line at (209) 530-
19 3162 or the main line at (209) 530-3100, prior to 4:00 p.m. OR by e-mailing:
20 ivil.tentatives@stanct.org. E-mail requests must be made prior to 4:00 p.m. AND confirmed
21 by return e-mail. If you do not receive confirmation e-mail from the clerk, you MUST call (209)
22 530-3162 to request your hearing.
23 /if
24 /if
25 /if
26 /if
27 /if
28 /if
NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF
-2-
Please refer to Local Rule of Court 3.12 concerning Court reporter fees. If a Hearing is
required or you have requested a Hearing for a Law and Motion Matter Scheduled in Department
21, 22, 23 or 24 in Modesto, please contact the Court Reporter Coordinator at (209) 530-3105
or via e-mail: civilreporters@stanct.org to request a reporter and determine availability. Ifa Staff
Reporter is not available, you may need to provide your own
DATED: January 19, 2021 CARBONE, SMITH & KOYAMA
stin McKenna
Attorneys for Defendant
10 PATRICK DWIGHT HOFFMAN
11 MEMORANDUM OF POINTS AND AUTHORITIES
12 I FACTUAL BACKGROUND
13 This lawsuit arises from a motor vehicle collision that occurred on April 24, 2020 on
14 Highway 99, approximately 920 feet south of West Main Street in Turlock, California,
15 Stanislaus County. At the time of the accident, Plaintiff RICARDO FLORES was a passenger
16 in a vehicle operated by Terry Diaz.
17 On or about August 26, 2020, Ms. DIAZ filed an unlimited civil action in Sacramento
18 County Superior Court for her personal injuries and damages alleged to have arisen out of the
19 April 24, 2020 accident. Mr. FLORES filed the subject action for personal injuries and damages
20 in Stanislaus County Superior Court on or about October 26, 2020. Defendant PATRICK
21 DWIGHT HOFFMAN is currently a resident of the County of Sacramento and has been a
22 resident of the County of Sacramento since the commencement of Ms. Diaz’s action.
23 In light of the above, Defendant respectfully requests that Ricardo Flores vy. Patrick
24 Dwight Hoffman be transferred to Sacramento County Superior Court for the ultimate purpose
25 of consolidating it with Terry Diaz v. Patrick Hoffman, Sacramento County Superior Court Case
26 Number 34-2020-00284782-CU-PA-GDS. All parties have agreed to the transfer of venue and
27 the consolidation of both cases under Diaz v. Hoffman. Both cases arise out of the same accident
28 and neither of the actions has reached a stage at which consolidation would require any
NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF
3-
substantial revision or duplication of proceedings or of counsel’s work product, no prejudice
will result from consolidation. Rather, consolidation will prevent duplication of time and effort
in discovery and trial preparation for all parties, and make efficient use of judicial facilities.
Pursuant to Evidence Code sections 452 and 453, and California Rule of Court 3.1306,
the Court is requested to take judicial notice of the entire court file in the above-captioned
actions, including both complaints.
IL. LEGAL ARGUMENT
Section 395(a) of the Code of Civil Procedure provides in pertinent part, as follows:
“(a) Except as otherwise provided by law and subject to the power
of the court to transfer actions or proceedings as provided in this
10 title, the superior court in the county where the Defendant or some
of them reside at the commencement of the action is the proper
11 court for the trial of the action. If the action is for injury to person
or ersonal property or for the death from wrongful act or
12 negligence, the superior court in either the county where the injury
occurs or the injury causing death occurs or the county where the
13 Defendant, or some of them reside at the commencement of the
action, is a proper court for the trial of the action.”
14
Section 396b of the Code of Civil Procedure provides, in pertinent part, as follows:
15
“(a) Except as otherwise provided in Section 396a, if an action or
16 proceeding is commenced in a court having jurisdiction of the
subject matter thereof, other than the court designated as the
17 proper court for the trial thereof, under this title, the action may,
notwithstanding, be tried in the court where commenced, unless
18 the defendant, at the time he or she answers, demurs, or moves to
strike, or, at his or her option, without answering, demurring, or
19 moving to strike and within the time otherwise allowed to respond
to the complaint, files with the clerk, a notice of motion for an
20 order transferring the action or proceedin: to the proper court,
together with proof of service, upon the adverse arty, of a copy
21 h
of those pay ers. Upon the hearing of the motion t e court shall, if
h
it appears t at the action or proceeding was not commenced in the
22 proper court, order the action or proceeding transferred to the
proper court.”
23
24 Prior to the commencement of this action by filing of the complaint on or about October
25 || 26, 2020, and prior to the service of the summons and complaint, as well as the filing of Ms.
26 || Diaz’s action in Sacramento County Superior Court and the service of summons and complaint,
27] Defendant was at all times a resident of the County of Sacramento.
28 | ///
NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF
-4-
Section 399(a) of the Code of Civil Procedure provides, in pertinent part, as follows:
(a) When an order is made transferring an action or proceeding under
any of the provisions of this title, the clerk shall, after expiration of
the time within which a petition for writ of mandate could have been
filed pursuant to Section 400, or if a writ petition is filed after
judgment denying the writ becomes final, and upon payment of the
costs and fees, transmit the pleadings and papers therein (or if the
pleadings be oral a transcript of the same) to the clerk of the court to
which the same is transferred. When the transfer is sought on any
ground specified in subdivision (b), (c), (d), or (e) of Section 397, the
costs and fees thereof, and of filing the papers in the court to which
the transfer is ordered, shall be paid at the time the notice of motion
is filed, by the party making the motion for the transfer.
10
11 In this instance, Defendant is required to pay for the transfer before the pleadings and
12 papers are transferred to the clerk of Sacramento Superior Court.
13 IIL. CONCLUSION
14 In light of the foregoing, the stipulation of the parties (attached hereto as EXHIBIT C),
15 and the authorities noted, but not expressly limited thereto, Defendant PATRICK DWIGHT
16 HOFFMAN respectfully requests that the Court grant Defendant’s motion and transfer this
17 matter to Sacramento County Superior Court in order to consolidate it with the action known as
18 Diaz v. Hoffman.
19 DATED: January 19, 2021 CARBONE, SMITH & KOYAMA
20
aes
21
tin McKenna
22 Attorneys for Defendant
23 PATRICK DWIGHT HOFFMAN
24
25
26
27
28
NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF
5.
DECLARATION OF J. JUSTIN McKENNA
I, J. Justin McKenna, declare:
1 I am an attorney at law duly licensed to practice before all the courts in the State
of California and am an attorney in the law firm Carbone, Smith & Koyama, and will be the
attorney of record for Defendant PATRICK DWIGHT HOFFMAN in this action. I have
personal knowledge of the matters stated in this declaration and if called as a witness I could
and would competently testify thereto.
2. The names of all related cases now pending in California that are known to me
and sought to be transferred are included in the caption of this motion. (True and correct copies
10 of the complaints of Terry Diaz v. Patrick Hoffman and Ricardo Flores v. Patrick Dwight
11 Hoffman against Defendant PATRICK HOFFMAN are attached herein as EXHIBIT A and
12 EXHIBIT B, respectively).
13 3 All actions sought to be transferred, and ultimately consolidated, arise out of the
14 same accident. Thus, all questions of law and fact relating to liability are identical.
15 4 Transfer of this action to Sacramento County Superior Court and its consolidation
16 with Diaz v. Hoffman would serve the convenience of the parties, witnesses, and counsel in that
17 all issues can be disposed of in one lawsuit.
18 5 Neither of the actions has reached a stage at which consolidation would require
19 any substantial revision or duplication of proceedings or of counsel’s work product.
20 6 The assignment ofa single judge to preside over disposition of the actions would
21 make efficient use of judicial facilities and efforts in that duplication would be avoided.
22 7 Unless the actions are transferred and consolidated, it is possible that inconsistent
23 or needlessly duplicative rulings, orders, or judgments will be produced.
24 8 It is unlikely that the actions will be settled if transfer and consolidation is denied
25 in that negligence and damages would still be disputed.
26 9 The accident giving rise to this action occurred on April 24, 2020 in and for the
27 County of Stanislaus, State of California.
28 10. At the time both complaints were filed and at the time of the service of summons
NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF
-6-
and complaints, Defendant PATRICK DWIGHT HOFFMAN was at all times a resident of the
County of Sacramento.
ll. Sacramento County Superior Court is a proper venue for this action as Defendant
has been a resident of the County of Sacramento since the commencement of this action, as well
as the action brought by Ms. DIAZ in Sacramento County Superior Court on August 26, 2020.
12. All parties have stipulated to transfer venue of this action to Sacramento County
Superior Court and to its consolidation in Sacramento County Superior Court once transferred.
(A true and correct copy of the stipulation is attached as EXHIBIT C).
I declare under penalty of perjury under the laws of the State of California that the
10 foregoing is true and correct, except as to those matters stated on information and belief, and as
11 to those matters I believe them to be true.
12 Executed at Sacramento, California on January 19, 2021.
13
14
Ji Austin McKenna
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND
AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF
-7-
EXHIBIT A
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) “FOR COURT USE ONLY
[- Matthew R. Eason 160148
Eason & Tambornini, A Law Corporation
1234 H Street, Suite 200 ———<—<————
\
Sacramento, CA 95814 Pal ——
TELEPHONE NO.. (916) 438-1819 FAX NO. (Optional, (916) 438-1820
E-MAIL ADDRESS (Optional) matthew@capcitylaw.com
ATTORNEY FOR (Name) PLAINTIFF, TERRY DIAZ ANG 26 oe
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento
STREET ADDRESS, 720 9th Street By Tepul ————
MAILING ADDRESS
CITY AND ZIP CODE Sacramento, CA 95814
BRANCH NAME:
PLAINTIFF. TERRY DIAZ
DEFENDANT; PATRICK HOFFMAN and
(X) bogs 170 25,
INCLUSTVR
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
() AMENDED (Number):
Type (check ail that apply):
[XQ] MOTOR VEHICLE (1 OTHER (specify):
[2] Property Damage (CY Wrongful Death
(Z) Personal Injury (C] Other Damages (specify):
—|
| Jurisdiction (check all that apply): CASE NUMBER:
[2] ACTION Is A LIMITED CIVIL CASE
Amount demanded [[] does not exceed $10,000 34=2020-09284782
CD exceeds $10,000, but does not exceed $25,000
[X] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
“(D ACTION IS RECLASSIFIED by this amended complaint
(CD from limited to unlimited
] from unlimited to limited
Plaintiff (name or names); TERRY DIAZ
alleges causes of action against defendant (name or names): PATRICK HOFFMAN and DOES 1-25,
INCLUSIVE
This pleading, including attachments and exhibits, consists of the following number of pages:
Each plaintiff named above is a competent adult
a. [) except plaintiff (name):
(1) (C) 4 corporation qualified to do business in California
(2) () an unincorporated entity (describe):
(3) CD a public entity (describe):
(4) CY a minor C2 an adult
(a) (2) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [2] other (specify):
(5) C2) other (specify)
b CO except plaintiff (name):
(1) Ola corporation qualified to do business in California
(2) (L) an unincorporated entity (describe):
(3) CQ a public entity (describe);
(4) 2) a minor C2 an adult
(2) (2) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [2] other (specify):
(5) C) other (specify):
(2) Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Pago
1 of 3
roved fer Optianal Use COMPLAINT-Personal Injury, Property Code of Civil Procedure, 425,12
usta ‘Council of CallferniaC * Essential
PUD-PI-001 (Rev, January 1, 2007] eabcom {?|Forms-
eouttal cagov
Damage, Wrongful Death DIAZ, TERRY
PLD-PI-001
SHORT TITLE: CASE NUMBER
LDIAZg v. HOFFMAN
4 LJ 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. (Yexcept defendant (name): c. (2) except defendant (name):
(1) (C1 a business organization, form unknown (4) (2) a business organization, form unknown
(2) (LJ a corporation (2) (C] acorporation
(3) (CQ an unincorporated entity (describe): (3) CC] an unincorporated entity (describe):
(4) (CD a public entity (describe): (4) (C) a public entity (describe):
(5) (CQ other (specify): (5) CC) other (specify):
b. (2) excapt defendant (name): d. (CC) except defendant (name):
(1) (2) a business organization, form unknown (1) (2) a business organization, form unknown
(2) () acorporation (2) [a corporation
(3) (2) an unincorporated entity (describe): (3) (CQ an unincorporated entity (describe).
(4) (Qa public entity (describe): (4) (2) a public entity (deseribe):
(5) [C) other (specify): (5) (C) other (specify):
(CD 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 piaintiff,
a. [4] Doe defendants (specify Doe numbers); 1=25 were the agents or employees of other
named defendants and acted within the scope of that agency or employment,
b. (R) Doe defendants (specify Doe numbers): sare1=25 persons whose capacities are unknown to
plaintiff.
(21 Defendants who are joined under Code of Civil Procedure section 382 are (names):
This court is the proper court because
a . [22 atleast one defendant now resides in its jurisdictional area.
b . (] the principal piace of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. oO injury to person or damage to personal property occurred in its jurisdictional area.
¢ . C) other (specify):
(2) Plaintiff is required to comply with a claims statute, and
a. (.) has complied with applicable claims statutes, or
b, (2) is excused from complying because (specify):
PLD-PI-001 [Rev. January 4, 2007) COMPLAINT-Personal Injury, Property Page 2ot9
coe Es
sential
cebcom 5 Forms:
Damage, Wrongful Death DIAZ, TERRY
PLD-PI-004
SHORT TITLE. CASE NUMBER
\ DIAZ v. HOFFMAN
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 atlached):
[XJ Motor Vehicle
C2 General Negligence
[-} Intentional Tort
Cd Products Liability
(2) Premises Liability
(2) Other (specify) :
11 Plaintiff
has suffered and/or will suffer:
(&) wage loss
CQ] loss of use of property
(2) hospital and medical expenses
CQ) general damage
[&) property damage
(0) loss of earning capacity
(QQ other damage (specify) :
Loss of Enjoyment of Life
12. [2] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a [1 listed in Attachment 12,
b. CC] as follows:
13, The rellef 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) [Z] compensatory damages
(2) CY punitive damages
The amount of damages Is (in cases for personal injury or wrongful death, you must check (1)):
(1) (]) according to proof
(2) CY inthe amount of: $
15. (QJ The paragraphs of this complaint atleged on information and batief are as follows (specify paragraph numbers):
all
Z
Date: 08/21/20
MATTHEW R EASON
(TYPE OR FRINT NAME) » (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLO-PI-001 (Rev January 4, 2007] COMPLAINT-Personal Injury, Property Page
3 of 3
B
eeb.com
"| Essential
| felForms:
Damage, Wrongful Death
DIAZ, TERRY
PLD-PI-001(1)
SHORT TITLE: CASE NUMBER:
DIAZ v. HOFEMAN
ERS) ea CAUSE OF ACTION- Motor Vehicle
ATTACHMENT
TO (QQ Complaint (1 cross-Compiaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): TERRY DIAZ
MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries
and damages to plaintiff; the acts occurred
on (date): or about 4/24/20
at (place): at or near State Route 99 and Man in Turlock, CA.
Defendants owned, operated and/or entrusted Lheir
vehicle causing it to slam into the vehicle containing
the plaintiff at a high rate of speed causing her
severe injuries and damages as herein alleged.
MV-2, DEFENDANTS
a. QQ] The defendants who operated a motor vehicle are (names):
PATRICK HOFFMAN
CX] Does i to 25
b, EX) The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names): PATRICK HOFFMAN
[A] Does Le to 25
c. (X] The defendants who owned the motor vehicle which was operated with their permission are(names):
PATRICK HOFFMAN
CQ Does 1___ to 25
d. [§) The defendants who entrusted the motor vehicle are (names):
PATRICK HOFFMAN
{X} Does i to 25...
e. (2) The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
PATRICK HOFMAN
(2D Does i to 25
The defendants who are liable to plaintiffs far other reasons and the reasons for the liability are
CC) listed in Attachment Mv-2¢ (2 as foliows:
To Be Determined
(XJ Does 1 to 25.
Page 4
Pago tof 1
Form Approved for Optional Use Coda of Civil Procedure § 425.12
ital Counc: of Californs CAUSE OF ACTION - Motor Vehicle ‘courtinta.ca.gov
PLO-PLOG1(3) (Rev January1, 2007)
CIB | Essential DIAZ, TERRY
cczam | FOU
EXHIBIT B
PLD-P?-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
J Greg R. Woodhead, Esq. SBN 32464!
Movagar & Yamin, PLC
4929 Wilshire Blyd., Suite 960 Electronically Filed
Los Angeles, CA 90010 10/26/2020 11:58 AM
TELEPHONEND: (877) 771-8175, Faxwo.(optomat: (323) 475-7773 Superior Court of California
E-MAIL ADORESS (Optionap: Breg@mylawcompany.com County of Stanislaus
ATTORNEY FOR (wame): Plaintiff Ricardo Flores Clerk of the Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus By: Mouang Saechao, Deputy
STREET ADDRESS: : 801 10th Street
MAILING ADDRESS: $435 PAID
CITY AND ZIP CODE: Modesto, CA 95354
BRANCH NAME: : City Towers Courthouse Civil
PLAINTIFF: : Ricardo Flores
DEFENDANT: Patrick Dwight Hoffman; and
poes1to 10
COMPLAINT—Personal Injury, Property Damage, Wrongful Death
[1] AMENDED (Number):
Type (check aif that apply):
MOTOR VEHICLE [1] oTHER (specify):
¥_] Property Damage [7] Wrongful Death
¥_| Personal Injury [J Other Damages (specify);
Jurisdiction (check all that apply): ‘CASE NUMBER:
[-) ACTION IS A LIMITED CIVIL CASE
Amount demanded[__] does not exceed $10,000
[J exceeds $10,000, but does not exceed $25,000 CV-20-004755
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
L_] ACTION IS RECLASSIFIED by this amended complaint
[1 from timited to unlimited
[1 from unlimited to limited
Plaintiff (name or names): Ricardo Flores
alleges causes of action against defendant (name or names):
Patrick Dwight Hoffman; and Does 1 to 10
This pleading, including attachments and exhibits, consists of the following number of pages: 5
Each plaintiff named above is a competent adult
a. [) except plaintif (name):
(1) [1 a corporation qualified to do business in California
(2) [_] an unincorporated entity (describe):
(3) [1] a public entity (describe):
(4) (4) aminor [J anadutt
(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) [1 an unincorporated entity (describe):
(3) [1 a public entity (describe):
(4) [] aminor [_] an adutt
(a) [_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [] other (specify): ‘This case has heen agatgned
wJvoge Sandhu, Sonny S.
(5) (1 other (specify): Dept. 24
> for ait purpases inciuing Trial
oo Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Paget of 3
Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civii Procedure, § 425.412
Judicial Counc! of California vwerw.courtnfe.ca.
gov
PLO-PL-001 (Rev. January 1, 2007] Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
[Flores v. Hoffman
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) [1] a corporation (2) [_] a corporation
(3) __] an unincorporated entity (describe): (3) [[) an unincorporated entity (describe):
(4) [21 public entity (describe): (4) 2) a public entity (describe):
(5) [J other (specify): (8) [) other (specify):
b. [J except defendant (name): d. [[_] except defendant (name):
(1) [__) a business organization, form unknown (1) [2 a business organization, form unknown
(2) [) acorporation (2) [) a corporation
(3) [] an unincorporated entity (describe): (3) [J an unincorporated entity (describe):
(4) [a public entity (describe): (4) [-] a public entity (describe):
(5) [7] other (specify): (5) [] other (specify):
[1 information about additienal defendants who are not natural persons is contained in Attachment 5.
The true names of defendants sued as Does are unknown to plaintiff.
Doe defendants (specify Doe numbers): 1-5 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. [4] Doe defendants (specify Doe numbers): 6-10 are persons whose capacities are unknown to
piaintiff.
F [£1] Defendants who are joined under Gods of Civil Procedure section 382 are (names):
This court is the proper court because
. [] at least one defendant now resides inits jurisdictional area.
. [1 the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
injury to person or damage to personal property occurred inits jurisdictional area.
. [] other (specify):
3. Plaintiff is required to comply with a claims statute, and
a. [__] has complied with applicable claims statutes, or
b. [_Jis excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 2007} COMPLAINT—Personal Injury, Property Page2
of 3
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
[Fiores v. Hoffman
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):
Motor Vehicle
Generai Negligence
acl Intentional Tort
. _[) Produets Liability
[_] Premises Liability
[1] Other (specify):
1 Plaintiff has suffered
wage loss
loss of use of property
hospital and medical expenses
general damage
property damage
loss of earning capacity
other damage (specify):
Emotional distress
12. [] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. ([_] listed in Attachment 12.
b. [-) asfollows:
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 ) OO 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) [] inthe amount of: $
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: October 26, 2020
Greg R. Woodhead > Guy Weedheak
(TYPE OR PRINT NAME) Vv (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLO-Pi001 (Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 3 of3
Damage, Wrongful Death
PLD-PI-001(1)
SHORT TITLE: CASE NUMBER:
Flores v. Hoffman
One CAUSE OF ACTION—Motor Vehicle
(number)
ATTACHMENT TO Complaint [] Cross
- Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): Ricardo Flores
MV- 1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries
and damages to plaintiff; the acts occurred
on (dats): April 24, 2020
at (place):
On State Route 99 N/B 920 feet south of West Main Street in Turlock, CA
MV- 2. DEFENDANTS
The defendants who operated a motor vehicle are (names):
Ricardo Flores; and
Does 1 to 10
The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names):
Ricardo Flores; and
Does 1 to 10
The defendants who owned the motor vehicle which was operated with their permission are (names):
Ricardo Flores; and
Does 1 to 10
. L¥_] The defendants who entrusted the motor vehicle are (names):
Ricardo Flores; and
Does 1 to 10
The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
Ricardo Flores; and
[Z] Does 1 to 10
i [J The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
EJ listed in Attachment MV-2f [[_] as follows:
Co Does to Page 4
Page 1 of1
Form Approved for Optional Use CAUSE OF ACTION—Motor Vehicle Code of Civil Procedure 425.12
judicial Council of California ‘wruw.courtinfo.ce.gov
PLD-P1-001(1) [Rev. January4, 2007]
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
Flores v. Hoffman
Two CAUSE OF ACTION—General Negligence Page 5
(number)
ATTACHMENT
TO [21 Complaint [] Cross
- Complaint
(Use a separate cause of action farm for each cause of action.)
GN-1, Plaintiff (name): Ricardo Flores
alleges that defendant (name): Ricardo Flores; and
1) does ! to 10
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): April 24, 2020
at (place): On State Route 99 N/B 920 feet south of West Main Street in Turlock, CA
(description of reasons for fiability):
Defendants and each of them negligently, carelessly, and unlawfully owned, drove, operated,
entrusted, and maintained their vehicle causing it to collide with Plaintiff's vehicle in an accident,
thereby causing personal injuries and damages to Plaintiffs. As a result of Defendants’ negligence,
Plaintiffs were required to undergo medical treatment, incurred medical expenses, suffered lost
earnings, and sustained pain and suffering.
Paget oft
Form Approved for Optional Use Code of Civil Procedure 425.12
Judicial Counell of Caltorria CAUSE OF ACTION—Generai Negligence ‘wew.courtinto.ca.gov
PLD-PL-001{2) Rev. January 4, 2007]
EXHIBIT C
1 J. Justin McKenna (SBN 238311)
CARBONE, SMITH & KOYAMA
1610 Arden Way, Suite 190
Sacramento, CA 95815-4035
Telephone: (916) 480-1071
Facsimile: (916) 481-0990
Attorneys for Defendant
PATRICK HOFFMAN
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
UNLIMITED CIVIL JURISDICTION
10
11 TERRY DIAZ, STIPULATION TO TRANSFER VENUE
AND CONSOLIDATE ACTIONS
12 Plaintiff,
13 Vv,
Case No. 34-2020-00284782-CU-PA-GDS
14 PATRICK HOFFMAN and DOES | to 25, Complaint Filed: August 26, 2020
Inclusive,
15
Defendants.
16
17
18
RICARDO FLORES, Case No. CV-20-004755
19 Complaint Filed: October 26, 2020
Preview
Electronically Filed 1/22/2021 3:18 PM 1 J. Justin McKenna (SBN 238311) Superior Court of California CARBONE, SMITH & KOYAMA County of Stanislaus 1610 Arden Way, Suite 190 Clerk of the Court Sacramento, CA 95815-4035 By: Mouang Saechao, Deputy Telephone: (916) 480-1071 Facsimile: (916) 481-0990 $465 PAID Attorneys for Defendant PATRICK DWIGHT HOFFMAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS UNLIMITED CIVIL JURISDICTION 10 11 RICARDO FLORES, Case No. CV-20-004755 12 Plaintiff, NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; 13 Vv MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION 14 PATRICK DWIGHT HOFFMAN; and DOES IN SUPPORT THEREOF 1 to 10, 15 REMOTE/TELEPHONE Defendants. APPEARANCE 16 Date: February 18, 2021 17 Time: 8:30a.m. 18 Department: 24 19 Complaint Filed: October 26, 2020 20 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 21 PLEASE take notice that on February 18, 2021 at 8:30 a.m., or as soon thereafter as the 22 matter can be heard in Department 24 of the above-entitled court located at 801 10" Street, 4th 23 Floor Modesto, California 95354, Defendant PATRICK DWIGHT HOFFMAN will and hereby 24] does move the Court for an order pursuant to Code of Civil Procedure section 395(a) to transfer 25 venue of the above-captioned action to the Superior Court of California, in and for the County 26 of Sacramento for further proceedings and trial, as well as for its ultimate consolidation with the 27 case of Terry Diaz v. Patrick Hoffman, Sacramento County Superior Court Case Number 34- 28 2020-00284782-CU-PA-GDS once transfer is complete. NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF -l- This motion will be made on the grounds that under Code of Civil Procedure section 395(a), Sacramento County Superior Court is a proper venue as Defendant resides in Sacramento, California and has since the commencement of the action and the service of the summons and complaint. [Code of Civil Procedure §§395, 396(b), 397(c)]. Transfer of this action and its ultimate consolidation will best serve judicial economy as both related actions are pending in two different Superior Courts, are not complex, and share common questions of law and fact. Consolidation of the two actions will therefore avoid repetitive trials on the same common issues, avoid unnecessary costs and delays to the Court and the parties, and prevent the risk of inconsistent adjudications. 10 This motion will be based on this notice of motion, the supporting memorandum of| 11 points and authorities, the supporting declaration of J. Justin McKenna, Esq., the stipulation 12 signed between all parties, the complete records and files herein, and on such further evidence 13 and/or oral argument as may properly be presented at the hearing of this motion. 14 Pursuant to Local Rule 3.01(c), the court will make a tentative ruling on the merits of| 15 this matter by 1:30 p.m., the court day prior to the hearing. Tentative rulings can be accessed on 16 the Internet at www.stanct.org. The tentative ruling will be the order of the court unless YOU 17 NOTIFY the Clerk’s Office and opposing counsel of your intent before 4:00 p.m. on the court 18 day preceding the hearing. You may request a hearing by calling the calendar line at (209) 530- 19 3162 or the main line at (209) 530-3100, prior to 4:00 p.m. OR by e-mailing: 20 ivil.tentatives@stanct.org. E-mail requests must be made prior to 4:00 p.m. AND confirmed 21 by return e-mail. If you do not receive confirmation e-mail from the clerk, you MUST call (209) 22 530-3162 to request your hearing. 23 /if 24 /if 25 /if 26 /if 27 /if 28 /if NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF -2- Please refer to Local Rule of Court 3.12 concerning Court reporter fees. If a Hearing is required or you have requested a Hearing for a Law and Motion Matter Scheduled in Department 21, 22, 23 or 24 in Modesto, please contact the Court Reporter Coordinator at (209) 530-3105 or via e-mail: civilreporters@stanct.org to request a reporter and determine availability. Ifa Staff Reporter is not available, you may need to provide your own DATED: January 19, 2021 CARBONE, SMITH & KOYAMA stin McKenna Attorneys for Defendant 10 PATRICK DWIGHT HOFFMAN 11 MEMORANDUM OF POINTS AND AUTHORITIES 12 I FACTUAL BACKGROUND 13 This lawsuit arises from a motor vehicle collision that occurred on April 24, 2020 on 14 Highway 99, approximately 920 feet south of West Main Street in Turlock, California, 15 Stanislaus County. At the time of the accident, Plaintiff RICARDO FLORES was a passenger 16 in a vehicle operated by Terry Diaz. 17 On or about August 26, 2020, Ms. DIAZ filed an unlimited civil action in Sacramento 18 County Superior Court for her personal injuries and damages alleged to have arisen out of the 19 April 24, 2020 accident. Mr. FLORES filed the subject action for personal injuries and damages 20 in Stanislaus County Superior Court on or about October 26, 2020. Defendant PATRICK 21 DWIGHT HOFFMAN is currently a resident of the County of Sacramento and has been a 22 resident of the County of Sacramento since the commencement of Ms. Diaz’s action. 23 In light of the above, Defendant respectfully requests that Ricardo Flores vy. Patrick 24 Dwight Hoffman be transferred to Sacramento County Superior Court for the ultimate purpose 25 of consolidating it with Terry Diaz v. Patrick Hoffman, Sacramento County Superior Court Case 26 Number 34-2020-00284782-CU-PA-GDS. All parties have agreed to the transfer of venue and 27 the consolidation of both cases under Diaz v. Hoffman. Both cases arise out of the same accident 28 and neither of the actions has reached a stage at which consolidation would require any NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF 3- substantial revision or duplication of proceedings or of counsel’s work product, no prejudice will result from consolidation. Rather, consolidation will prevent duplication of time and effort in discovery and trial preparation for all parties, and make efficient use of judicial facilities. Pursuant to Evidence Code sections 452 and 453, and California Rule of Court 3.1306, the Court is requested to take judicial notice of the entire court file in the above-captioned actions, including both complaints. IL. LEGAL ARGUMENT Section 395(a) of the Code of Civil Procedure provides in pertinent part, as follows: “(a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this 10 title, the superior court in the county where the Defendant or some of them reside at the commencement of the action is the proper 11 court for the trial of the action. If the action is for injury to person or ersonal property or for the death from wrongful act or 12 negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the 13 Defendant, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” 14 Section 396b of the Code of Civil Procedure provides, in pertinent part, as follows: 15 “(a) Except as otherwise provided in Section 396a, if an action or 16 proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the 17 proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless 18 the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or 19 moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an 20 order transferring the action or proceedin: to the proper court, together with proof of service, upon the adverse arty, of a copy 21 h of those pay ers. Upon the hearing of the motion t e court shall, if h it appears t at the action or proceeding was not commenced in the 22 proper court, order the action or proceeding transferred to the proper court.” 23 24 Prior to the commencement of this action by filing of the complaint on or about October 25 || 26, 2020, and prior to the service of the summons and complaint, as well as the filing of Ms. 26 || Diaz’s action in Sacramento County Superior Court and the service of summons and complaint, 27] Defendant was at all times a resident of the County of Sacramento. 28 | /// NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF -4- Section 399(a) of the Code of Civil Procedure provides, in pertinent part, as follows: (a) When an order is made transferring an action or proceeding under any of the provisions of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers therein (or if the pleadings be oral a transcript of the same) to the clerk of the court to which the same is transferred. When the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397, the costs and fees thereof, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed, by the party making the motion for the transfer. 10 11 In this instance, Defendant is required to pay for the transfer before the pleadings and 12 papers are transferred to the clerk of Sacramento Superior Court. 13 IIL. CONCLUSION 14 In light of the foregoing, the stipulation of the parties (attached hereto as EXHIBIT C), 15 and the authorities noted, but not expressly limited thereto, Defendant PATRICK DWIGHT 16 HOFFMAN respectfully requests that the Court grant Defendant’s motion and transfer this 17 matter to Sacramento County Superior Court in order to consolidate it with the action known as 18 Diaz v. Hoffman. 19 DATED: January 19, 2021 CARBONE, SMITH & KOYAMA 20 aes 21 tin McKenna 22 Attorneys for Defendant 23 PATRICK DWIGHT HOFFMAN 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF 5. DECLARATION OF J. JUSTIN McKENNA I, J. Justin McKenna, declare: 1 I am an attorney at law duly licensed to practice before all the courts in the State of California and am an attorney in the law firm Carbone, Smith & Koyama, and will be the attorney of record for Defendant PATRICK DWIGHT HOFFMAN in this action. I have personal knowledge of the matters stated in this declaration and if called as a witness I could and would competently testify thereto. 2. The names of all related cases now pending in California that are known to me and sought to be transferred are included in the caption of this motion. (True and correct copies 10 of the complaints of Terry Diaz v. Patrick Hoffman and Ricardo Flores v. Patrick Dwight 11 Hoffman against Defendant PATRICK HOFFMAN are attached herein as EXHIBIT A and 12 EXHIBIT B, respectively). 13 3 All actions sought to be transferred, and ultimately consolidated, arise out of the 14 same accident. Thus, all questions of law and fact relating to liability are identical. 15 4 Transfer of this action to Sacramento County Superior Court and its consolidation 16 with Diaz v. Hoffman would serve the convenience of the parties, witnesses, and counsel in that 17 all issues can be disposed of in one lawsuit. 18 5 Neither of the actions has reached a stage at which consolidation would require 19 any substantial revision or duplication of proceedings or of counsel’s work product. 20 6 The assignment ofa single judge to preside over disposition of the actions would 21 make efficient use of judicial facilities and efforts in that duplication would be avoided. 22 7 Unless the actions are transferred and consolidated, it is possible that inconsistent 23 or needlessly duplicative rulings, orders, or judgments will be produced. 24 8 It is unlikely that the actions will be settled if transfer and consolidation is denied 25 in that negligence and damages would still be disputed. 26 9 The accident giving rise to this action occurred on April 24, 2020 in and for the 27 County of Stanislaus, State of California. 28 10. At the time both complaints were filed and at the time of the service of summons NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF -6- and complaints, Defendant PATRICK DWIGHT HOFFMAN was at all times a resident of the County of Sacramento. ll. Sacramento County Superior Court is a proper venue for this action as Defendant has been a resident of the County of Sacramento since the commencement of this action, as well as the action brought by Ms. DIAZ in Sacramento County Superior Court on August 26, 2020. 12. All parties have stipulated to transfer venue of this action to Sacramento County Superior Court and to its consolidation in Sacramento County Superior Court once transferred. (A true and correct copy of the stipulation is attached as EXHIBIT C). I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct, except as to those matters stated on information and belief, and as 11 to those matters I believe them to be true. 12 Executed at Sacramento, California on January 19, 2021. 13 14 Ji Austin McKenna 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION IN SUPPORT THEREOF -7- EXHIBIT A PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) “FOR COURT USE ONLY [- Matthew R. Eason 160148 Eason & Tambornini, A Law Corporation 1234 H Street, Suite 200 ———<—<———— \ Sacramento, CA 95814 Pal —— TELEPHONE NO.. (916) 438-1819 FAX NO. (Optional, (916) 438-1820 E-MAIL ADDRESS (Optional) matthew@capcitylaw.com ATTORNEY FOR (Name) PLAINTIFF, TERRY DIAZ ANG 26 oe SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento STREET ADDRESS, 720 9th Street By Tepul ———— MAILING ADDRESS CITY AND ZIP CODE Sacramento, CA 95814 BRANCH NAME: PLAINTIFF. TERRY DIAZ DEFENDANT; PATRICK HOFFMAN and (X) bogs 170 25, INCLUSTVR COMPLAINT-Personal Injury, Property Damage, Wrongful Death () AMENDED (Number): Type (check ail that apply): [XQ] MOTOR VEHICLE (1 OTHER (specify): [2] Property Damage (CY Wrongful Death (Z) Personal Injury (C] Other Damages (specify): —| | Jurisdiction (check all that apply): CASE NUMBER: [2] ACTION Is A LIMITED CIVIL CASE Amount demanded [[] does not exceed $10,000 34=2020-09284782 CD exceeds $10,000, but does not exceed $25,000 [X] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) “(D ACTION IS RECLASSIFIED by this amended complaint (CD from limited to unlimited ] from unlimited to limited Plaintiff (name or names); TERRY DIAZ alleges causes of action against defendant (name or names): PATRICK HOFFMAN and DOES 1-25, INCLUSIVE This pleading, including attachments and exhibits, consists of the following number of pages: Each plaintiff named above is a competent adult a. [) except plaintiff (name): (1) (C) 4 corporation qualified to do business in California (2) () an unincorporated entity (describe): (3) CD a public entity (describe): (4) CY a minor C2 an adult (a) (2) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [2] other (specify): (5) C2) other (specify) b CO except plaintiff (name): (1) Ola corporation qualified to do business in California (2) (L) an unincorporated entity (describe): (3) CQ a public entity (describe); (4) 2) a minor C2 an adult (2) (2) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [2] other (specify): (5) C) other (specify): (2) Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Pago 1 of 3 roved fer Optianal Use COMPLAINT-Personal Injury, Property Code of Civil Procedure, 425,12 usta ‘Council of CallferniaC * Essential PUD-PI-001 (Rev, January 1, 2007] eabcom {?|Forms- eouttal cagov Damage, Wrongful Death DIAZ, TERRY PLD-PI-001 SHORT TITLE: CASE NUMBER LDIAZg v. HOFFMAN 4 LJ 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. (Yexcept defendant (name): c. (2) except defendant (name): (1) (C1 a business organization, form unknown (4) (2) a business organization, form unknown (2) (LJ a corporation (2) (C] acorporation (3) (CQ an unincorporated entity (describe): (3) CC] an unincorporated entity (describe): (4) (CD a public entity (describe): (4) (C) a public entity (describe): (5) (CQ other (specify): (5) CC) other (specify): b. (2) excapt defendant (name): d. (CC) except defendant (name): (1) (2) a business organization, form unknown (1) (2) a business organization, form unknown (2) () acorporation (2) [a corporation (3) (2) an unincorporated entity (describe): (3) (CQ an unincorporated entity (describe). (4) (Qa public entity (describe): (4) (2) a public entity (deseribe): (5) [C) other (specify): (5) (C) other (specify): (CD 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 piaintiff, a. [4] Doe defendants (specify Doe numbers); 1=25 were the agents or employees of other named defendants and acted within the scope of that agency or employment, b. (R) Doe defendants (specify Doe numbers): sare1=25 persons whose capacities are unknown to plaintiff. (21 Defendants who are joined under Code of Civil Procedure section 382 are (names): This court is the proper court because a . [22 atleast one defendant now resides in its jurisdictional area. b . (] the principal piace of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. oO injury to person or damage to personal property occurred in its jurisdictional area. ¢ . C) other (specify): (2) Plaintiff is required to comply with a claims statute, and a. (.) has complied with applicable claims statutes, or b, (2) is excused from complying because (specify): PLD-PI-001 [Rev. January 4, 2007) COMPLAINT-Personal Injury, Property Page 2ot9 coe Es sential cebcom 5 Forms: Damage, Wrongful Death DIAZ, TERRY PLD-PI-004 SHORT TITLE. CASE NUMBER \ DIAZ v. HOFFMAN 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 atlached): [XJ Motor Vehicle C2 General Negligence [-} Intentional Tort Cd Products Liability (2) Premises Liability (2) Other (specify) : 11 Plaintiff has suffered and/or will suffer: (&) wage loss CQ] loss of use of property (2) hospital and medical expenses CQ) general damage [&) property damage (0) loss of earning capacity (QQ other damage (specify) : Loss of Enjoyment of Life 12. [2] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a [1 listed in Attachment 12, b. CC] as follows: 13, The rellef 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) [Z] compensatory damages (2) CY punitive damages The amount of damages Is (in cases for personal injury or wrongful death, you must check (1)): (1) (]) according to proof (2) CY inthe amount of: $ 15. (QJ The paragraphs of this complaint atleged on information and batief are as follows (specify paragraph numbers): all Z Date: 08/21/20 MATTHEW R EASON (TYPE OR FRINT NAME) » (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLO-PI-001 (Rev January 4, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3 B eeb.com "| Essential | felForms: Damage, Wrongful Death DIAZ, TERRY PLD-PI-001(1) SHORT TITLE: CASE NUMBER: DIAZ v. HOFEMAN ERS) ea CAUSE OF ACTION- Motor Vehicle ATTACHMENT TO (QQ Complaint (1 cross-Compiaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): TERRY DIAZ MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date): or about 4/24/20 at (place): at or near State Route 99 and Man in Turlock, CA. Defendants owned, operated and/or entrusted Lheir vehicle causing it to slam into the vehicle containing the plaintiff at a high rate of speed causing her severe injuries and damages as herein alleged. MV-2, DEFENDANTS a. QQ] The defendants who operated a motor vehicle are (names): PATRICK HOFFMAN CX] Does i to 25 b, EX) The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): PATRICK HOFFMAN [A] Does Le to 25 c. (X] The defendants who owned the motor vehicle which was operated with their permission are(names): PATRICK HOFFMAN CQ Does 1___ to 25 d. [§) The defendants who entrusted the motor vehicle are (names): PATRICK HOFFMAN {X} Does i to 25... e. (2) The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): PATRICK HOFMAN (2D Does i to 25 The defendants who are liable to plaintiffs far other reasons and the reasons for the liability are CC) listed in Attachment Mv-2¢ (2 as foliows: To Be Determined (XJ Does 1 to 25. Page 4 Pago tof 1 Form Approved for Optional Use Coda of Civil Procedure § 425.12 ital Counc: of Californs CAUSE OF ACTION - Motor Vehicle ‘courtinta.ca.gov PLO-PLOG1(3) (Rev January1, 2007) CIB | Essential DIAZ, TERRY cczam | FOU EXHIBIT B PLD-P?-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY J Greg R. Woodhead, Esq. SBN 32464! Movagar & Yamin, PLC 4929 Wilshire Blyd., Suite 960 Electronically Filed Los Angeles, CA 90010 10/26/2020 11:58 AM TELEPHONEND: (877) 771-8175, Faxwo.(optomat: (323) 475-7773 Superior Court of California E-MAIL ADORESS (Optionap: Breg@mylawcompany.com County of Stanislaus ATTORNEY FOR (wame): Plaintiff Ricardo Flores Clerk of the Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus By: Mouang Saechao, Deputy STREET ADDRESS: : 801 10th Street MAILING ADDRESS: $435 PAID CITY AND ZIP CODE: Modesto, CA 95354 BRANCH NAME: : City Towers Courthouse Civil PLAINTIFF: : Ricardo Flores DEFENDANT: Patrick Dwight Hoffman; and poes1to 10 COMPLAINT—Personal Injury, Property Damage, Wrongful Death [1] AMENDED (Number): Type (check aif that apply): MOTOR VEHICLE [1] oTHER (specify): ¥_] Property Damage [7] Wrongful Death ¥_| Personal Injury [J Other Damages (specify); Jurisdiction (check all that apply): ‘CASE NUMBER: [-) ACTION IS A LIMITED CIVIL CASE Amount demanded[__] does not exceed $10,000 [J exceeds $10,000, but does not exceed $25,000 CV-20-004755 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) L_] ACTION IS RECLASSIFIED by this amended complaint [1 from timited to unlimited [1 from unlimited to limited Plaintiff (name or names): Ricardo Flores alleges causes of action against defendant (name or names): Patrick Dwight Hoffman; and Does 1 to 10 This pleading, including attachments and exhibits, consists of the following number of pages: 5 Each plaintiff named above is a competent adult a. [) except plaintif (name): (1) [1 a corporation qualified to do business in California (2) [_] an unincorporated entity (describe): (3) [1] a public entity (describe): (4) (4) aminor [J anadutt (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) [1 an unincorporated entity (describe): (3) [1 a public entity (describe): (4) [] aminor [_] an adutt (a) [_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [] other (specify): ‘This case has heen agatgned wJvoge Sandhu, Sonny S. (5) (1 other (specify): Dept. 24 > for ait purpases inciuing Trial oo Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Paget of 3 Form Approved for Optional Use COMPLAINT—Personal Injury, Property Code of Civii Procedure, § 425.412 Judicial Counc! of California vwerw.courtnfe.ca. gov PLO-PL-001 (Rev. January 1, 2007] Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: [Flores v. Hoffman 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) [1] a corporation (2) [_] a corporation (3) __] an unincorporated entity (describe): (3) [[) an unincorporated entity (describe): (4) [21 public entity (describe): (4) 2) a public entity (describe): (5) [J other (specify): (8) [) other (specify): b. [J except defendant (name): d. [[_] except defendant (name): (1) [__) a business organization, form unknown (1) [2 a business organization, form unknown (2) [) acorporation (2) [) a corporation (3) [] an unincorporated entity (describe): (3) [J an unincorporated entity (describe): (4) [a public entity (describe): (4) [-] a public entity (describe): (5) [7] other (specify): (5) [] other (specify): [1 information about additienal defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff. Doe defendants (specify Doe numbers): 1-5 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. [4] Doe defendants (specify Doe numbers): 6-10 are persons whose capacities are unknown to piaintiff. F [£1] Defendants who are joined under Gods of Civil Procedure section 382 are (names): This court is the proper court because . [] at least one defendant now resides inits jurisdictional area. . [1 the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred inits jurisdictional area. . [] other (specify): 3. Plaintiff is required to comply with a claims statute, and a. [__] has complied with applicable claims statutes, or b. [_Jis excused from complying because (specify): PLD-PI-001 [Rev. January 1, 2007} COMPLAINT—Personal Injury, Property Page2 of 3 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: [Fiores v. Hoffman 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): Motor Vehicle Generai Negligence acl Intentional Tort . _[) Produets Liability [_] Premises Liability [1] Other (specify): 1 Plaintiff has suffered wage loss loss of use of property hospital and medical expenses general damage property damage loss of earning capacity other damage (specify): Emotional distress 12. [] The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. ([_] listed in Attachment 12. b. [-) asfollows: 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 ) OO 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) [] inthe amount of: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: October 26, 2020 Greg R. Woodhead > Guy Weedheak (TYPE OR PRINT NAME) Vv (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLO-Pi001 (Rev. January 1, 2007] COMPLAINT—Personal Injury, Property Page 3 of3 Damage, Wrongful Death PLD-PI-001(1) SHORT TITLE: CASE NUMBER: Flores v. Hoffman One CAUSE OF ACTION—Motor Vehicle (number) ATTACHMENT TO Complaint [] Cross - Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Ricardo Flores MV- 1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (dats): April 24, 2020 at (place): On State Route 99 N/B 920 feet south of West Main Street in Turlock, CA MV- 2. DEFENDANTS The defendants who operated a motor vehicle are (names): Ricardo Flores; and Does 1 to 10 The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): Ricardo Flores; and Does 1 to 10 The defendants who owned the motor vehicle which was operated with their permission are (names): Ricardo Flores; and Does 1 to 10 . L¥_] The defendants who entrusted the motor vehicle are (names): Ricardo Flores; and Does 1 to 10 The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Ricardo Flores; and [Z] Does 1 to 10 i [J The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are EJ listed in Attachment MV-2f [[_] as follows: Co Does to Page 4 Page 1 of1 Form Approved for Optional Use CAUSE OF ACTION—Motor Vehicle Code of Civil Procedure 425.12 judicial Council of California ‘wruw.courtinfo.ce.gov PLD-P1-001(1) [Rev. January4, 2007] PLD-PI-001(2) SHORT TITLE: CASE NUMBER: Flores v. Hoffman Two CAUSE OF ACTION—General Negligence Page 5 (number) ATTACHMENT TO [21 Complaint [] Cross - Complaint (Use a separate cause of action farm for each cause of action.) GN-1, Plaintiff (name): Ricardo Flores alleges that defendant (name): Ricardo Flores; and 1) does ! to 10 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): April 24, 2020 at (place): On State Route 99 N/B 920 feet south of West Main Street in Turlock, CA (description of reasons for fiability): Defendants and each of them negligently, carelessly, and unlawfully owned, drove, operated, entrusted, and maintained their vehicle causing it to collide with Plaintiff's vehicle in an accident, thereby causing personal injuries and damages to Plaintiffs. As a result of Defendants’ negligence, Plaintiffs were required to undergo medical treatment, incurred medical expenses, suffered lost earnings, and sustained pain and suffering. Paget oft Form Approved for Optional Use Code of Civil Procedure 425.12 Judicial Counell of Caltorria CAUSE OF ACTION—Generai Negligence ‘wew.courtinto.ca.gov PLD-PL-001{2) Rev. January 4, 2007] EXHIBIT C 1 J. Justin McKenna (SBN 238311) CARBONE, SMITH & KOYAMA 1610 Arden Way, Suite 190 Sacramento, CA 95815-4035 Telephone: (916) 480-1071 Facsimile: (916) 481-0990 Attorneys for Defendant PATRICK HOFFMAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO UNLIMITED CIVIL JURISDICTION 10 11 TERRY DIAZ, STIPULATION TO TRANSFER VENUE AND CONSOLIDATE ACTIONS 12 Plaintiff, 13 Vv, Case No. 34-2020-00284782-CU-PA-GDS 14 PATRICK HOFFMAN and DOES | to 25, Complaint Filed: August 26, 2020 Inclusive, 15 Defendants. 16 17 18 RICARDO FLORES, Case No. CV-20-004755 19 Complaint Filed: October 26, 2020