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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Maria C. Jaime 231502 / Glenn M. Kenna 305092
Curtis Legal Group, A Prof. Law Corp.
P.O. Box 3030 / 1300 K St., Suite B Electronically Filed
Modesto, CA 95353 2/23/2021 2:12 PM
TELEPHONE NO.: (209) 521-1800 (209)
FAX NO.(Optional): 572-3501 Superior Court of California
E-MAIL ADDRESS (Optional):GKenna@CurtisLegalGroup.com County of Stanislaus
ATTORNEY FOR (Name):Plaintiffs by and through GAL Clerk of the Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus By: Mouang Saechao, Deputy
STREET ADDRESS:City Towers, 4th Floor
801
MAILING ADDRESS: 10th Street $435 PAID
Modesto,
CITY AND ZIP CODE: CA 95354
BRANCH NAME:
PLAINTIFF: Plaintiffs K.V. and I.V. by and
through GAL Juan Rene Romero Cardenas
DEFENDANT: Oswualdo A. Castillo-Avila; ZA Transport,
Inc. and
X DOES 1 TO 100
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
AMENDED (Number):
Type (check all that apply):
X MOTOR VEHICLE OTHER (specify):
Property Damage X Wrongful Death
Personal Injury Other Damages (specify):
Jurisdiction (check all that apply): CASE NUMBER:
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
exceeds $10,000, but does not exceed $25,000 CV-21-000839
X ACTION ISAN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION ISRECLASSIFIED by this amended complaint
from limited tounlimited
from unlimited to limited
1. Plaintiff (name or names): Plaintiffs K.V. and I.V. by and though GAL Juan
Rene Romero Cardenas
alleges causes of action against defendant (name or names): Oswualdo A. Castillo-Avila; ZA Transport,
Inc.and DOES 1-100
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. X except plaintiff (name): K.V.
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4)
X a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) X other (specify): Application to appoint GAL filed herewith
(5) other (specify):
b. X except plaintiff (name): I.V.
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) X a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b)
X other (specify): Application to appoint GAL filed herewith
(5) other (specify):
Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death GMK
Speiller, Stacy
Dept. 22
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Cardenas v. ZA Transport, Inc.
4. Plaintiff
(name): Plaintiffs K.V. and I.V. by and through GAL
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. X except defendant (name): c. except defendant (name):
ZA Transport, Inc.
(1) a business organization, form unknown (1) a business organization, form unknown
(2) X a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
b. except defendant (name): d. except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
a. X Doe defendants (specify Doe numbers): 1-50 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. X Doe defendants (specify Doe numbers): 51-100 are persons whose capacities are unknown to
plaintiff.
7. Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. at least one defendant now resides in its jurisdictional area.
b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. X injury to person or damage to personal property occurred in its jurisdictional area.
d. other (specify):
9. Plaintiff is required to comply with a claims statute, and
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3
Damage, Wrongful Death GMK
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Cardenas v. ZA Transport, Inc.
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. X Motor Vehicle
b. General Negligence
c. Intentional Tort
d. Products Liability
e. Premises Liability
f. X Other (specify) :
Wrongful death
11. Plaintiff has suffered
a. wage loss
b. loss of use of property
c. hospital and medical expenses
d. X general damage
e. property damage
f. loss of earning capacity
g. X other damage (specify) :
See attachment One hereto.
12. X The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. listed in Attachment 12.
b. X as follows:
Plaintiffs are decedent's children who seek a. Non-economic
damages in excess of the minimum jurisdictional requirements of
this Court; b. All funeral, burial and other expenses according
to proof; c. Interest to the extent allowed by law; d. All loss
of the decedents care and support, according to proof; e. All
costs of suit; f. Such other and further relief as this Court
may deem just and proper.
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)
X compensatory damages
(2) punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1)
X according to proof
(2) in the amount of: $
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: February 23, 2021
Glenn M. Kenna
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
GMK
MC-025
SHORT TITLE: CASE NUMBER:
Cardenas v. ZA Transport, Inc.
ATTACHMENT (Number) : 1
(This Attachment may be used with any Judicial Council form.)
First Cause of Action - Wrongful Death
1. Plaintiffs I.V., a minor and K.V., a minor, are the surviving
daughters and heirs of decedent Fatima Vazquez Olvera.
2. Defendants Oswualdo A. Castillo-Avila and DOES 1 through 10 were the
operators of the subject vehicle. All defendants operated the vehicle
with knowledge and consent of all other Defendants.
3. Defendants Z.A. Transport, Inc. and DOES 11 through 20 were the
owners of the subject vehicle at the time of the incident.
4. Defendants Oswualdo A. Castillo-Avila, Z.A. Transport, Inc. and DOES
1 through 20 were the agents, employees or contractors of Defendants
Oswualdo A. Castillo-Avila, Z.A. Transport, Inc. and DOES 1 through 40,
and were at all times acting within the course and scope of said
agency, employment, or contract, and with the permission, knowledge and
consent of each of the remaining Defendants.
5. Defendants Z.A. Transport, Inc. and DOES 21 through 40 also
negligently hired, trained, and/or supervised Defendants Oswualdo A.
Castillo-Avila and DOES 1 through 20 in such a fashion as to cause
and/or contribute to the occurrence of the incident described herein.
6. On September 23, 2020 Defendant Oswualdo A. Castillo-Avila and DOES
1-10 were operating a Peterbilt truck Eastbound on State Route 120 in
the #2 lane east of the Main Street Overcrossing in Manteca California.
Defendant Oswualdo A. Castillo-Avila was not licensed to drive the
Peterbilt in the United States of America. defendant Oswualdo A.
Castillo-Avila and DOES 1-10 failed to see traffic stopped ahead of
them and rear-ended the blue Dodge Caravan in which decedent Fatima
Vasquez Olvera was a passenger. As a result of the collision, Fatima
Vazquez Olvera sustained fatal injuries and was pronounced dead at the
scene of the collision and thereby causing injury and damages to
plaintiffs I.V. and K.V.
7. At the time of the incident, defendant Oswualdo A. Castillo-Avila
and DOES 1-10 were operating the subject motor vehicle in the course
and scope of their employment with Defendants Z.A. Transport, Inc. and
DOES 11 through 40.
8. Defendants DOES 41-50, and each of them, negligently entrusted,
managed, maintained, repaired, manufactured and designed the vehicle so
as to cause the collision and the resulting injuries and damages to
Plaintiff.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 4 of 5
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use
Judicial Council of California
ATTACHMENT www.courtinfo.ca.gov
MC-025 [Rev. July 1, 2009] to Judicial Council Form
GMK
MC-025
SHORT TITLE: CASE NUMBER:
Cardenas v. ZA Transport, Inc.
ATTACHMENT (Number) : 2
(This Attachment may be used with any Judicial Council form.)
9. As a direct result of Defendants' negligence, and the death of
decedent Fatima Vazquez Olvera, Plaintiffs I.V. and K.V. have sustained
economic damages consisting of (1) the value of lost financial and
other support from the decedent, (2) the value of gifts or benefits
that the decedent would have provided, (3) the value of funeral and
burial expenses, and (4) the reasonable value of household services
that the decedent would have provided.
10. As a direct result of Defendants' negligence, and the death of
decedent Fatima Vazquez Olvera, Plaintiffs I.V. and K.V. have sustained
non-economic damages consisting of the loss of the decedent's love,
companionship, comfort, care, assistance, protection, affection,
society, and moral support.
Plaintiffs I.V. and K.V. pray for judgment against Defendants for:
a. Non-economic damages in excess of the minimum jurisdictional
requirements of this Court;
b. All funeral, burial and other expenses according to proof;
c. Interest to the extent allowed by law;
d. All loss of the decedents care and support, according to proof;
e. All costs of suit;
f. Such other and further relief as this Court may deem just and
proper.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 5 of 5
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use
Judicial Council of California
ATTACHMENT www.courtinfo.ca.gov
MC-025 [Rev. July 1, 2009] to Judicial Council Form
GMK
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PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Maria C. Jaime 231502 / Glenn M. Kenna 305092 Curtis Legal Group, A Prof. Law Corp. P.O. Box 3030 / 1300 K St., Suite B Electronically Filed Modesto, CA 95353 2/23/2021 2:12 PM TELEPHONE NO.: (209) 521-1800 (209) FAX NO.(Optional): 572-3501 Superior Court of California E-MAIL ADDRESS (Optional):GKenna@CurtisLegalGroup.com County of Stanislaus ATTORNEY FOR (Name):Plaintiffs by and through GAL Clerk of the Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus By: Mouang Saechao, Deputy STREET ADDRESS:City Towers, 4th Floor 801 MAILING ADDRESS: 10th Street $435 PAID Modesto, CITY AND ZIP CODE: CA 95354 BRANCH NAME: PLAINTIFF: Plaintiffs K.V. and I.V. by and through GAL Juan Rene Romero Cardenas DEFENDANT: Oswualdo A. Castillo-Avila; ZA Transport, Inc. and X DOES 1 TO 100 COMPLAINT-Personal Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): X MOTOR VEHICLE OTHER (specify): Property Damage X Wrongful Death Personal Injury Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: ACTION IS A LIMITED CIVIL CASE Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 CV-21-000839 X ACTION ISAN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION ISRECLASSIFIED by this amended complaint from limited tounlimited from unlimited to limited 1. Plaintiff (name or names): Plaintiffs K.V. and I.V. by and though GAL Juan Rene Romero Cardenas alleges causes of action against defendant (name or names): Oswualdo A. Castillo-Avila; ZA Transport, Inc.and DOES 1-100 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. X except plaintiff (name): K.V. (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) X a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) X other (specify): Application to appoint GAL filed herewith (5) other (specify): b. X except plaintiff (name): I.V. (1) a corporation qualified to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): (4) X a minor an adult (a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) X other (specify): Application to appoint GAL filed herewith (5) other (specify): Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use Judicial Council of California COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12 www.courtinfo.ca.gov PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death GMK Speiller, Stacy Dept. 22 PLD-PI-001 SHORT TITLE: CASE NUMBER: Cardenas v. ZA Transport, Inc. 4. Plaintiff (name): Plaintiffs K.V. and I.V. by and through GAL 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. X except defendant (name): c. except defendant (name): ZA Transport, Inc. (1) a business organization, form unknown (1) a business organization, form unknown (2) X a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): b. except defendant (name): d. except defendant (name): (1) a business organization, form unknown (1) a business organization, form unknown (2) a corporation (2) a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) other (specify): (5) other (specify): Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. X Doe defendants (specify Doe numbers): 1-50 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. X Doe defendants (specify Doe numbers): 51-100 are persons whose capacities are unknown to plaintiff. 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. at least one defendant now resides in its jurisdictional area. b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. X injury to person or damage to personal property occurred in its jurisdictional area. d. other (specify): 9. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes, or b. is excused from complying because (specify): PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3 Damage, Wrongful Death GMK PLD-PI-001 SHORT TITLE: CASE NUMBER: Cardenas v. ZA Transport, Inc. 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. X Motor Vehicle b. General Negligence c. Intentional Tort d. Products Liability e. Premises Liability f. X Other (specify) : Wrongful death 11. Plaintiff has suffered a. wage loss b. loss of use of property c. hospital and medical expenses d. X general damage e. property damage f. loss of earning capacity g. X other damage (specify) : See attachment One hereto. 12. X The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. listed in Attachment 12. b. X as follows: Plaintiffs are decedent's children who seek a. Non-economic damages in excess of the minimum jurisdictional requirements of this Court; b. All funeral, burial and other expenses according to proof; c. Interest to the extent allowed by law; d. All loss of the decedents care and support, according to proof; e. All costs of suit; f. Such other and further relief as this Court may deem just and proper. 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) X compensatory damages (2) punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) X according to proof (2) in the amount of: $ 15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: February 23, 2021 Glenn M. Kenna (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3 Damage, Wrongful Death GMK MC-025 SHORT TITLE: CASE NUMBER: Cardenas v. ZA Transport, Inc. ATTACHMENT (Number) : 1 (This Attachment may be used with any Judicial Council form.) First Cause of Action - Wrongful Death 1. Plaintiffs I.V., a minor and K.V., a minor, are the surviving daughters and heirs of decedent Fatima Vazquez Olvera. 2. Defendants Oswualdo A. Castillo-Avila and DOES 1 through 10 were the operators of the subject vehicle. All defendants operated the vehicle with knowledge and consent of all other Defendants. 3. Defendants Z.A. Transport, Inc. and DOES 11 through 20 were the owners of the subject vehicle at the time of the incident. 4. Defendants Oswualdo A. Castillo-Avila, Z.A. Transport, Inc. and DOES 1 through 20 were the agents, employees or contractors of Defendants Oswualdo A. Castillo-Avila, Z.A. Transport, Inc. and DOES 1 through 40, and were at all times acting within the course and scope of said agency, employment, or contract, and with the permission, knowledge and consent of each of the remaining Defendants. 5. Defendants Z.A. Transport, Inc. and DOES 21 through 40 also negligently hired, trained, and/or supervised Defendants Oswualdo A. Castillo-Avila and DOES 1 through 20 in such a fashion as to cause and/or contribute to the occurrence of the incident described herein. 6. On September 23, 2020 Defendant Oswualdo A. Castillo-Avila and DOES 1-10 were operating a Peterbilt truck Eastbound on State Route 120 in the #2 lane east of the Main Street Overcrossing in Manteca California. Defendant Oswualdo A. Castillo-Avila was not licensed to drive the Peterbilt in the United States of America. defendant Oswualdo A. Castillo-Avila and DOES 1-10 failed to see traffic stopped ahead of them and rear-ended the blue Dodge Caravan in which decedent Fatima Vasquez Olvera was a passenger. As a result of the collision, Fatima Vazquez Olvera sustained fatal injuries and was pronounced dead at the scene of the collision and thereby causing injury and damages to plaintiffs I.V. and K.V. 7. At the time of the incident, defendant Oswualdo A. Castillo-Avila and DOES 1-10 were operating the subject motor vehicle in the course and scope of their employment with Defendants Z.A. Transport, Inc. and DOES 11 through 40. 8. Defendants DOES 41-50, and each of them, negligently entrusted, managed, maintained, repaired, manufactured and designed the vehicle so as to cause the collision and the resulting injuries and damages to Plaintiff. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 4 of 5 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California ATTACHMENT www.courtinfo.ca.gov MC-025 [Rev. July 1, 2009] to Judicial Council Form GMK MC-025 SHORT TITLE: CASE NUMBER: Cardenas v. ZA Transport, Inc. ATTACHMENT (Number) : 2 (This Attachment may be used with any Judicial Council form.) 9. As a direct result of Defendants' negligence, and the death of decedent Fatima Vazquez Olvera, Plaintiffs I.V. and K.V. have sustained economic damages consisting of (1) the value of lost financial and other support from the decedent, (2) the value of gifts or benefits that the decedent would have provided, (3) the value of funeral and burial expenses, and (4) the reasonable value of household services that the decedent would have provided. 10. As a direct result of Defendants' negligence, and the death of decedent Fatima Vazquez Olvera, Plaintiffs I.V. and K.V. have sustained non-economic damages consisting of the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support. Plaintiffs I.V. and K.V. pray for judgment against Defendants for: a. Non-economic damages in excess of the minimum jurisdictional requirements of this Court; b. All funeral, burial and other expenses according to proof; c. Interest to the extent allowed by law; d. All loss of the decedents care and support, according to proof; e. All costs of suit; f. Such other and further relief as this Court may deem just and proper. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 5 of 5 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California ATTACHMENT www.courtinfo.ca.gov MC-025 [Rev. July 1, 2009] to Judicial Council Form GMK