Preview
1 JACOBY & MEYERS ATTORNEYS LLP
LAURA LYNN DAVIDSON, State Bar No. 209969 E-FILED
2 ldavidson@jacobyandmeyers.com 3/11/2021 6:03 PM
TALIA YEKTAFAR, State Bar No. 324309 Superior Court of California
3 tyektafar@jacobyandmeyers.com County of Fresno
JUBIN J. NIAMEHR, State Bar No. 266794 By: A. Rodriguez, Deputy
4 jn@jacobyandmeyers.com
10900 Wilshire Boulevard, 15th Floor
5 Los Angeles, California 90024
Tel: (310) 312-3300 | Fax: (310) 715-8331
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Attorneys for Plaintiff JOSE SILVA GONZALEZ
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF FRESNO
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
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JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 JOSE SILVA GONZALEZ, an individual; Case No.: 21CECG00718
Los Angeles, California 90024
12 Plaintiff, COMPLAINT FOR DAMAGES FOR
13 vs. 1. NEGLIGENCE/
14 NGC Construction, Inc., a California NEGLIGENCE PER SE; AND
Corporation; GERARDO PEREZGARCIA, an
15 individual; JULIO MENDOZA, an individual; and DEMAND FOR JURY TRIAL
DOES 1 through 50, inclusive;
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Defendants.
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COMES NOW, Plaintiff JOSE SILVA GONZALEZ and hereby alleges the following against
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Defendants, NGC Construction, Inc., a California Corporation; GERARDO PEREZGARCIA, an
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individual; JULIO MENDOZA, an individual; and DOES 1 through 50, inclusive, and each of them as
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follows:
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GENERAL ALLEGATIONS RELEVANT TO ALL CLAIMS
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1. The incident which gives rise to this lawsuit occurred on or about August 8, 2019,
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at approximately 1:59 p.m. on North Avenue in an unincorporated area of the County of Fresno,
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State of California.
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2. Defendant GERARDO PEREZGARCIA, an individual, while driving in the course and
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 scope of his employment for NGC CONSTRUCTION, INC., and JULIO MENDOZA, caused a crash by
2 failing to yeild right of way to Plaintiff, crashing into Plaintiff JOSE SILVA GONZALEZ’ vehicle,
3 causing Plaintiff serious injuries. At the time of the incident, Plaintiff was lawfully operating her
4 motor vehicle.
5 3. At all times herein mentioned, Plaintiff was operating a 2001 Dodge Caravan,
6 bearing California license plate number 5XBY715.
7 4. At all times herein mentioned, Defendant GERARDO PEREZGARCIA, an individual,
8 was operating a 2003 Ford F-250 (“SUBJECT VEHICLE”).
9 5. At all times herein mentioned, Defendant GERARDO PEREZGARCIA was an
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 employee of Defendants NGC CONSTRUCTION, INC. and JULIO MENDOZA, and was in the course
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 and scope of his employment, and therefore NGC CONSTRUCTION, INC. and JULIO MENDOZA,
Los Angeles, California 90024
12 are vicariously liable for GERARDO PEREZGARCIA’S conduct.
13 6. The true names, capacities, whether individual, corporate, associate,
14 governmental or otherwise of Defendants DOES 1 through 50, inclusive, are unknown to Plaintiff
15 at this time, who therefore sue such Defendants by such fictitious names. When the true names
16 and capacities of such DOE Defendants are ascertained, Plaintiff will amend this Complaint
17 accordingly. Plaintiff is informed and believe, and thereupon allege, that each of the Defendants
18 designated herein as a DOE was negligent and guilty of the same conduct as the other
19 Defendants, and is responsible in some manner for the events and happenings herein referred
20 to, and that their negligence proximately caused the injuries and damages sustained by Plaintiff
21 as herein alleged, either through such Defendants' own negligent conduct or through the
22 conduct of their agents, servants and/or employees, or due to their ownership, control, rental,
23 use, sale, design, maintenance, repair, construction, manufacture, and/or lease of the SUBJECT
24 VEHICLE by which Plaintiff’s injuries were caused, or in some other manner.
25 7. At all times herein mentioned, each of the Defendants NGC CONSTRUCTION, INC.,
26 GERARDO PEREZGARCIA and JULIO MENDOZA and DOES 1 through 50, inclusive, and each of
27 them, was the agent, servant, employee, and joint venture of each of the remaining said
28 Defendants and at all times alleged hereinafter mentioned, said Defendants were acting within
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 the purpose and scope of said agency, employment, and joint venture, and each Defendant has
2 ratified and approved the acts of the remaining said Defendants.
3 8. Defendant GERARDO PEREZGARCIA, driving the SUBJECT VEHICLE, failed to yield
4 right of way, causing the collision.
5 9. Defendant GERARDO PEREZGARCIA’S actions, violated California Vehicle Code
6 §21802(A), which states that “The driver of any vehicle approaching a stop sign at the entrance
7 to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield
8 the right-of-way to any vehicles which have approached from another highway, or which are
9 approaching so closely as to constitute an immediate hazard, and shall continue to yield the
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 right-of-way to those vehicles until he or she can proceed with reasonable safety.” Cal. Veh. Code
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 §21802(a).
Los Angeles, California 90024
12 JURISDICTION AND VENUE
13 10. Plaintiff JOSE SILVA GONZALEZ (“Plaintiff”) is now and at all relevant times was an
14 individual who resides in the City of Sanger, County of Fresno, State of California.
15 11. Plaintiff is informed and believes, and thereupon alleges that at all times
16 mentioned herein, Defendant NGC CONSTRUCTION, INC. is a business with its principal place of
17 business located at 1150 N. Chinowth Suite B, Visalia, CA 93291. Defendant NGC CONSTRUCTION,
18 INC. is authorized to do and has regularly conducted business in the County of Fresno, State of
19 California.
20 12. Plaintiff is informed and believes, and thereupon alleges that at all times
21 mentioned herein, Defendant GERARDO PEREZGARCIA, is an individual who is a resident of the
22 City of Fresno, County of Fresno, State of California.
23 13. Plaintiff is informed and believes, and thereupon alleges that at all times
24 mentioned herein, Defendant JULIO MENDOZA, is an individual who is a resident of the City of
25 Visalia, County of Tulare, State of California.
26 14. This Court has jurisdiction pursuant to California Code of Civil Procedure §410.10.
27 15. Venue is proper in this Court pursuant to California Code of Civil Procedure §395
28 because upon information and belief, Defendant NGC CONSTRUCTION, INC. has its principal
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 place of business in Fresno County and Defendants GERARDO PEREZGARCIA resides in the
2 County of Fresno.
3 16. The true names, capacities, whether individual, corporate, associate,
4 governmental or otherwise of Defendants DOES 1 through 50, inclusive, are unknown to Plaintiff
5 at this time, who therefore sue such Defendants by such fictitious names. When the true names
6 and capacities of such DOE Defendants are ascertained, Plaintiff will amend this Complaint
7 accordingly. Plaintiff is informed and believes, and thereupon alleges, that each of the
8 Defendants designated herein as a DOE was negligent and guilty of the same conduct as the
9 other Defendants, and is responsible in some manner for the events and happenings herein
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 referred to, and that their negligence proximately caused the injuries and damages sustained by
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 Plaintiffs as herein alleged, either through such Defendants' own negligent conduct or through
Los Angeles, California 90024
12 the conduct of their agents, servants and/or employees, or due to their ownership, control,
13 rental, use, sale, design, maintenance, repair, construction, manufacture, and/or lease of the
14 SUBJECT VEHICLE by which Plaintiff’s injuries were caused, or in some other manner.
15 17. Plaintiff is informed and believes, and thereon alleges, that at all times herein
16 mentioned, each of the Defendants named herein, including each DOE Defendant, was the agent,
17 servant, partner and/or employee of the remaining Defendants, and was at all such times acting
18 within the purpose and scope of said such agency, service, partnership and/or employment,
19 unless otherwise stated.
20 FIRST CAUSE OF ACTION
21 For Negligence/ Negligence Per Se
22 Against All Defendants
23 18. Plaintiff repeats, reiterates and re-alleges each and every fact and/or allegation
24 set forth in the prior paragraphs of this complaint with the same force and effect as though more
25 fully set forth at length herein.
26 19. Defendants NGC CONSTRUCTION, INC., GERARDO PEREZGARCIA, JULIO
27 MENDOZA, and DOES 1 through 50, inclusive, and each of them, owed a duty of reasonable care
28 to Plaintiff and others similarly situated.
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 20. Defendants NGC CONSTRUCTION, INC., GERARDO PEREZGARCIA, JULIO
2 MENDOZA, and DOES 1 through 50, inclusive, and each of them, owed a duty of care to all
3 reasonably foreseeable people, including, but not limited to Plaintiff, to own, operate, lease,
4 drive, entrust, manage, maintain, control, service, repair, and/or inspect the SUBJECT VEHICLE in
5 a reasonably safe manner.
6 21. Defendants breached said duty when they negligently owned, operated, leased,
7 drove, entrusted, maintained, controlled, serviced, repaired, and/or inspected the SUBJECT
8 VEHICLE driven by Defendant GERARDO PEREZGARCIA, who did not yield right of way to Plaintiff,
9 causing Plaintiff severe bodily injuries.
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 22. Defendants further breached said duty and were negligent per se by operating the
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 SUBEJECT VEHICLE in violation of relevant codes and/or statutes, including but not limited to,
Los Angeles, California 90024
12 Vehicle Code §21802(a), cited above.
13 23. Plaintiff is a member of the class of persons this Vehicle Code section was
14 designed to protect.
15 24. Plaintiff’s serious injuries resulted directly from an occurrence which the specified
16 Vehicle Code section was designed to prevent.
17 25. Defendants’ violation of the pertinent Vehicle Code section was a direct,
18 proximate, and legal cause of serious and permanent harm to Plaintiff herein.
19 26. As a direct and legal result of the negligence, carelessness and other tortuous,
20 unlawful and wrongful acts and conduct of Defendants NGC CONSTRUCTION, INC., GERARDO
21 PEREZGARCIA, JULIO MENDOZA, and DOES 1 through 50, and their respective agents, servants,
22 employees, and authorized representatives as aforesaid, Plaintiff was required to and did obtain
23 necessary medical and hospital care and services and did incur medical, incidental, and service
24 expenses thereupon. Plaintiff is informed and believes and thereon alleges that he will need
25 future medical treatment.
26 27. As a direct and legal result of Defendants NGC CONSTRUCTION, INC., GERARDO
27 PEREZGARCIA, JULIO MENDOZA, and DOES 1 through 50’s breach of duty owed to Plaintiff and
28 others, Plaintiff sustained serious injuries and has suffered a loss of earnings and/or loss of
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 earning capacity.
2 28. As a direct and legal result of Defendants NGC CONSTRUCTION, INC., GERARDO
3 PEREZGARCIA, JULIO MENDOZA, and DOES 1 through 50’s breach of duty owed to Plaintiff and
4 others, Plaintiff sustained serious injuries and has incurred in the past, and will incur in the
5 future, general and special damages in an amount to be determined by the trier of fact in excess
6 of the jurisdictional minimum of this Court.
7 29. As a direct and legal result of the negligence, carelessness and other tortuous,
8 unlawful and wrongful acts and conduct of Defendants NGC CONSTRUCTION, INC., GERARDO
9 PEREZGARCIA, JULIO MENDOZA, and DOES 1 through 50, inclusive, and each of them, Plaintiff
Telephone: (310) 312-3300 Facsimile: (310) 715-8331
10 has been injured in his health, strength and activities. Said injuries have caused and will continue
JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
11 to cause Plaintiff physical pain, emotional distress, humiliation, fear, embarrassment, and other
Los Angeles, California 90024
12 pain and suffering. The aforementioned injuries have generally damaged Plaintiff in a sum well in
13 excess of the jurisdictional minimum of this Court.
14 WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as
15 follows:
16 A. For past and future general damages, according to proof;
17 B. For past and future medical expenses, according to proof;
18 C. For past and future lost earnings and lost earning capacity, according to proof;
19 D. For pre- and post-judgment interest;
20 E. For costs of suit incurred herein; and
21 F. For such other and further relief as the Court deems just and proper.
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Dated: March 11, 2021 JACOBY & MEYERS ATTORNEYS LLP
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By: ______________________________
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LAURA LYNN DAVIDSON
26 TALIA YEKTAFAR
Attorneys for Plaintiff
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PLAINTIFF’S COMPLAINT FOR DAMAGES
1 DEMAND FOR TRIAL BY JURY
2 Plaintiff hereby demands a trial by jury on all issues triable by jury.
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Dated: March 11, 2021 JACOBY & MEYERS ATTORNEYS LLP
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By: ______________________________
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LAURA LYNN DAVIDSON
8 TALIA YEKTAFAR
Attorneys for Plaintiff
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Telephone: (310) 312-3300 Facsimile: (310) 715-8331
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JACOBY & MEYERS ATTORNEYS LLP
10900 Wilshire Boulevard, 15th Floor
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Los Angeles, California 90024
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PLAINTIFF’S COMPLAINT FOR DAMAGES
Preview
1 JACOBY & MEYERS ATTORNEYS LLP LAURA LYNN DAVIDSON, State Bar No. 209969 E-FILED 2 ldavidson@jacobyandmeyers.com 3/11/2021 6:03 PM TALIA YEKTAFAR, State Bar No. 324309 Superior Court of California 3 tyektafar@jacobyandmeyers.com County of Fresno JUBIN J. NIAMEHR, State Bar No. 266794 By: A. Rodriguez, Deputy 4 jn@jacobyandmeyers.com 10900 Wilshire Boulevard, 15th Floor 5 Los Angeles, California 90024 Tel: (310) 312-3300 | Fax: (310) 715-8331 6 Attorneys for Plaintiff JOSE SILVA GONZALEZ 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF FRESNO Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 JOSE SILVA GONZALEZ, an individual; Case No.: 21CECG00718 Los Angeles, California 90024 12 Plaintiff, COMPLAINT FOR DAMAGES FOR 13 vs. 1. NEGLIGENCE/ 14 NGC Construction, Inc., a California NEGLIGENCE PER SE; AND Corporation; GERARDO PEREZGARCIA, an 15 individual; JULIO MENDOZA, an individual; and DEMAND FOR JURY TRIAL DOES 1 through 50, inclusive; 16 Defendants. 17 18 19 COMES NOW, Plaintiff JOSE SILVA GONZALEZ and hereby alleges the following against 20 Defendants, NGC Construction, Inc., a California Corporation; GERARDO PEREZGARCIA, an 21 individual; JULIO MENDOZA, an individual; and DOES 1 through 50, inclusive, and each of them as 22 follows: 23 GENERAL ALLEGATIONS RELEVANT TO ALL CLAIMS 24 1. The incident which gives rise to this lawsuit occurred on or about August 8, 2019, 25 at approximately 1:59 p.m. on North Avenue in an unincorporated area of the County of Fresno, 26 State of California. 27 2. Defendant GERARDO PEREZGARCIA, an individual, while driving in the course and 28 -1- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 scope of his employment for NGC CONSTRUCTION, INC., and JULIO MENDOZA, caused a crash by 2 failing to yeild right of way to Plaintiff, crashing into Plaintiff JOSE SILVA GONZALEZ’ vehicle, 3 causing Plaintiff serious injuries. At the time of the incident, Plaintiff was lawfully operating her 4 motor vehicle. 5 3. At all times herein mentioned, Plaintiff was operating a 2001 Dodge Caravan, 6 bearing California license plate number 5XBY715. 7 4. At all times herein mentioned, Defendant GERARDO PEREZGARCIA, an individual, 8 was operating a 2003 Ford F-250 (“SUBJECT VEHICLE”). 9 5. At all times herein mentioned, Defendant GERARDO PEREZGARCIA was an Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 employee of Defendants NGC CONSTRUCTION, INC. and JULIO MENDOZA, and was in the course JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 and scope of his employment, and therefore NGC CONSTRUCTION, INC. and JULIO MENDOZA, Los Angeles, California 90024 12 are vicariously liable for GERARDO PEREZGARCIA’S conduct. 13 6. The true names, capacities, whether individual, corporate, associate, 14 governmental or otherwise of Defendants DOES 1 through 50, inclusive, are unknown to Plaintiff 15 at this time, who therefore sue such Defendants by such fictitious names. When the true names 16 and capacities of such DOE Defendants are ascertained, Plaintiff will amend this Complaint 17 accordingly. Plaintiff is informed and believe, and thereupon allege, that each of the Defendants 18 designated herein as a DOE was negligent and guilty of the same conduct as the other 19 Defendants, and is responsible in some manner for the events and happenings herein referred 20 to, and that their negligence proximately caused the injuries and damages sustained by Plaintiff 21 as herein alleged, either through such Defendants' own negligent conduct or through the 22 conduct of their agents, servants and/or employees, or due to their ownership, control, rental, 23 use, sale, design, maintenance, repair, construction, manufacture, and/or lease of the SUBJECT 24 VEHICLE by which Plaintiff’s injuries were caused, or in some other manner. 25 7. At all times herein mentioned, each of the Defendants NGC CONSTRUCTION, INC., 26 GERARDO PEREZGARCIA and JULIO MENDOZA and DOES 1 through 50, inclusive, and each of 27 them, was the agent, servant, employee, and joint venture of each of the remaining said 28 Defendants and at all times alleged hereinafter mentioned, said Defendants were acting within -2- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 the purpose and scope of said agency, employment, and joint venture, and each Defendant has 2 ratified and approved the acts of the remaining said Defendants. 3 8. Defendant GERARDO PEREZGARCIA, driving the SUBJECT VEHICLE, failed to yield 4 right of way, causing the collision. 5 9. Defendant GERARDO PEREZGARCIA’S actions, violated California Vehicle Code 6 §21802(A), which states that “The driver of any vehicle approaching a stop sign at the entrance 7 to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield 8 the right-of-way to any vehicles which have approached from another highway, or which are 9 approaching so closely as to constitute an immediate hazard, and shall continue to yield the Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 right-of-way to those vehicles until he or she can proceed with reasonable safety.” Cal. Veh. Code JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 §21802(a). Los Angeles, California 90024 12 JURISDICTION AND VENUE 13 10. Plaintiff JOSE SILVA GONZALEZ (“Plaintiff”) is now and at all relevant times was an 14 individual who resides in the City of Sanger, County of Fresno, State of California. 15 11. Plaintiff is informed and believes, and thereupon alleges that at all times 16 mentioned herein, Defendant NGC CONSTRUCTION, INC. is a business with its principal place of 17 business located at 1150 N. Chinowth Suite B, Visalia, CA 93291. Defendant NGC CONSTRUCTION, 18 INC. is authorized to do and has regularly conducted business in the County of Fresno, State of 19 California. 20 12. Plaintiff is informed and believes, and thereupon alleges that at all times 21 mentioned herein, Defendant GERARDO PEREZGARCIA, is an individual who is a resident of the 22 City of Fresno, County of Fresno, State of California. 23 13. Plaintiff is informed and believes, and thereupon alleges that at all times 24 mentioned herein, Defendant JULIO MENDOZA, is an individual who is a resident of the City of 25 Visalia, County of Tulare, State of California. 26 14. This Court has jurisdiction pursuant to California Code of Civil Procedure §410.10. 27 15. Venue is proper in this Court pursuant to California Code of Civil Procedure §395 28 because upon information and belief, Defendant NGC CONSTRUCTION, INC. has its principal -3- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 place of business in Fresno County and Defendants GERARDO PEREZGARCIA resides in the 2 County of Fresno. 3 16. The true names, capacities, whether individual, corporate, associate, 4 governmental or otherwise of Defendants DOES 1 through 50, inclusive, are unknown to Plaintiff 5 at this time, who therefore sue such Defendants by such fictitious names. When the true names 6 and capacities of such DOE Defendants are ascertained, Plaintiff will amend this Complaint 7 accordingly. Plaintiff is informed and believes, and thereupon alleges, that each of the 8 Defendants designated herein as a DOE was negligent and guilty of the same conduct as the 9 other Defendants, and is responsible in some manner for the events and happenings herein Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 referred to, and that their negligence proximately caused the injuries and damages sustained by JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 Plaintiffs as herein alleged, either through such Defendants' own negligent conduct or through Los Angeles, California 90024 12 the conduct of their agents, servants and/or employees, or due to their ownership, control, 13 rental, use, sale, design, maintenance, repair, construction, manufacture, and/or lease of the 14 SUBJECT VEHICLE by which Plaintiff’s injuries were caused, or in some other manner. 15 17. Plaintiff is informed and believes, and thereon alleges, that at all times herein 16 mentioned, each of the Defendants named herein, including each DOE Defendant, was the agent, 17 servant, partner and/or employee of the remaining Defendants, and was at all such times acting 18 within the purpose and scope of said such agency, service, partnership and/or employment, 19 unless otherwise stated. 20 FIRST CAUSE OF ACTION 21 For Negligence/ Negligence Per Se 22 Against All Defendants 23 18. Plaintiff repeats, reiterates and re-alleges each and every fact and/or allegation 24 set forth in the prior paragraphs of this complaint with the same force and effect as though more 25 fully set forth at length herein. 26 19. Defendants NGC CONSTRUCTION, INC., GERARDO PEREZGARCIA, JULIO 27 MENDOZA, and DOES 1 through 50, inclusive, and each of them, owed a duty of reasonable care 28 to Plaintiff and others similarly situated. -4- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 20. Defendants NGC CONSTRUCTION, INC., GERARDO PEREZGARCIA, JULIO 2 MENDOZA, and DOES 1 through 50, inclusive, and each of them, owed a duty of care to all 3 reasonably foreseeable people, including, but not limited to Plaintiff, to own, operate, lease, 4 drive, entrust, manage, maintain, control, service, repair, and/or inspect the SUBJECT VEHICLE in 5 a reasonably safe manner. 6 21. Defendants breached said duty when they negligently owned, operated, leased, 7 drove, entrusted, maintained, controlled, serviced, repaired, and/or inspected the SUBJECT 8 VEHICLE driven by Defendant GERARDO PEREZGARCIA, who did not yield right of way to Plaintiff, 9 causing Plaintiff severe bodily injuries. Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 22. Defendants further breached said duty and were negligent per se by operating the JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 SUBEJECT VEHICLE in violation of relevant codes and/or statutes, including but not limited to, Los Angeles, California 90024 12 Vehicle Code §21802(a), cited above. 13 23. Plaintiff is a member of the class of persons this Vehicle Code section was 14 designed to protect. 15 24. Plaintiff’s serious injuries resulted directly from an occurrence which the specified 16 Vehicle Code section was designed to prevent. 17 25. Defendants’ violation of the pertinent Vehicle Code section was a direct, 18 proximate, and legal cause of serious and permanent harm to Plaintiff herein. 19 26. As a direct and legal result of the negligence, carelessness and other tortuous, 20 unlawful and wrongful acts and conduct of Defendants NGC CONSTRUCTION, INC., GERARDO 21 PEREZGARCIA, JULIO MENDOZA, and DOES 1 through 50, and their respective agents, servants, 22 employees, and authorized representatives as aforesaid, Plaintiff was required to and did obtain 23 necessary medical and hospital care and services and did incur medical, incidental, and service 24 expenses thereupon. Plaintiff is informed and believes and thereon alleges that he will need 25 future medical treatment. 26 27. As a direct and legal result of Defendants NGC CONSTRUCTION, INC., GERARDO 27 PEREZGARCIA, JULIO MENDOZA, and DOES 1 through 50’s breach of duty owed to Plaintiff and 28 others, Plaintiff sustained serious injuries and has suffered a loss of earnings and/or loss of -5- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 earning capacity. 2 28. As a direct and legal result of Defendants NGC CONSTRUCTION, INC., GERARDO 3 PEREZGARCIA, JULIO MENDOZA, and DOES 1 through 50’s breach of duty owed to Plaintiff and 4 others, Plaintiff sustained serious injuries and has incurred in the past, and will incur in the 5 future, general and special damages in an amount to be determined by the trier of fact in excess 6 of the jurisdictional minimum of this Court. 7 29. As a direct and legal result of the negligence, carelessness and other tortuous, 8 unlawful and wrongful acts and conduct of Defendants NGC CONSTRUCTION, INC., GERARDO 9 PEREZGARCIA, JULIO MENDOZA, and DOES 1 through 50, inclusive, and each of them, Plaintiff Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 has been injured in his health, strength and activities. Said injuries have caused and will continue JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 to cause Plaintiff physical pain, emotional distress, humiliation, fear, embarrassment, and other Los Angeles, California 90024 12 pain and suffering. The aforementioned injuries have generally damaged Plaintiff in a sum well in 13 excess of the jurisdictional minimum of this Court. 14 WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as 15 follows: 16 A. For past and future general damages, according to proof; 17 B. For past and future medical expenses, according to proof; 18 C. For past and future lost earnings and lost earning capacity, according to proof; 19 D. For pre- and post-judgment interest; 20 E. For costs of suit incurred herein; and 21 F. For such other and further relief as the Court deems just and proper. 22 Dated: March 11, 2021 JACOBY & MEYERS ATTORNEYS LLP 23 24 By: ______________________________ 25 LAURA LYNN DAVIDSON 26 TALIA YEKTAFAR Attorneys for Plaintiff 27 28 -6- PLAINTIFF’S COMPLAINT FOR DAMAGES 1 DEMAND FOR TRIAL BY JURY 2 Plaintiff hereby demands a trial by jury on all issues triable by jury. 3 4 Dated: March 11, 2021 JACOBY & MEYERS ATTORNEYS LLP 5 6 By: ______________________________ 7 LAURA LYNN DAVIDSON 8 TALIA YEKTAFAR Attorneys for Plaintiff 9 Telephone: (310) 312-3300 Facsimile: (310) 715-8331 10 JACOBY & MEYERS ATTORNEYS LLP 10900 Wilshire Boulevard, 15th Floor 11 Los Angeles, California 90024 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- PLAINTIFF’S COMPLAINT FOR DAMAGES