Preview
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
I--
BENJAMIN D. SWANSON, ESQ. SBN: 266629
THE SWANSON LAW GROUP
31824 VILLAGE CENTER ROAD, G-UNIT Electronically Filed
WESTLAKE VILLAGE, CALIFORNIA 91361 3/15/2021 10:03 AM
TELEPHONE NO.: (818) 852-7300 (818)
FAX NO.(Optional): 852-7298 Superior Court of California
E-MAIL ADDRESS (Optional):ben@theswansonlawgroup.com County of Stanislaus
ATTORNEY FOR (Name):PLAINTIFF Clerk of the Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
STREET ADDRESS:801 10TH STREET By: Mouang Saechao, Deputy
SAME
MAILING ADDRESS: AS ABOVE
MODESTO,
CITY AND ZIP CODE: CALIFORNIA 95354 $435 PAID
BRANCH NAME: CITY TOWERS COURTHOUSE
PLAINTIFF: RAUL RODRIGUEZ CANCINO
DEFENDANT: JOSE GALVAN FAJARDO, AMERICAN AG
CARRIER, INC. and
‰X DOES 1 TO 30, inclusive
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
‰ AMENDED (Number):
Type (check all that apply):
‰X MOTOR VEHICLE ‰X OTHER (specify): GENERAL NEGLIGENCE
‰X Property Damage ‰ Wrongful Death
‰X 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-21-001370
‰X ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
‰ ACTION IS RECLASSIFIED by this amended complaint
‰ from limited to unlimited
‰ from unlimited to limited
1. Plaintiff (name or names): RAUL RODRIGUEZ CANCINO
alleges causes of action against defendant (name or names): JOSE GALVAN FAJARDO, AMERICAN AG
CARRIER, INC. and DOES 1 to 30, inclusive
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. Each plaintiff named above is a competent adult
a. ‰ except plaintiff (name):
(1) ‰ a corporation qualified to do business in California
(2) ‰ an unincorporated entity (describe):
(3) ‰ a public entity (describe):
(4) ‰ a minor ‰ an adult
(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) ‰ an unincorporated entity (describe):
(3) ‰ a public entity (describe):
(4) ‰ a minor ‰ an adult
(a) ‰ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) ‰ other (specify): Mayne, John R
(5) ‰ other (specify): Dept. 21
‰ Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3
COMPLAINT-Personal Injury, Property
cm·
Form Approved for Optional Use
Judicial Council of California
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Essential
I
PLD-PI-001 [Rev. January 1, 2007]
,0 Fonns- Damage, Wrongful Death RODRIGUEZ,
Code of Civil Procedure, § 425.12
RAUL
www.courtinfo.ca.gov
PLD-PI-001
SHORT TITLE: CASE NUMBER:
CANCINO v. FAJARDO, et al.
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. ‰X except defendant (name): c. ‰ except defendant (name):
AMERICAN AG CARRIER, 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): 1-15 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): 16-30 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
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Fonns-
Damage, Wrongful Death RODRIGUEZ, RAUL
PLD-PI-001
SHORT TITLE: CASE NUMBER:
CANCINO v. FAJARDO, et al.
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. ‰X General Negligence
c. ‰ Intentional Tort
d. ‰ Products Liability
e. ‰ Premises Liability
f. ‰ Other (specify) :
11. Plaintiff has suffered
a. ‰X wage loss
b. ‰X loss of use of property
c. ‰X hospital and medical expenses
d. ‰X general damage
e. ‰X property damage
f. ‰X loss of earning capacity
g. ‰X other damage (specify) :
PRE-JUDGMENT INTEREST ACCORDING TO PROOF
12. ‰ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. ‰ listed in Attachment 12.
b. ‰ as follows:
13. The relief sought in this complaint is within the jurisdiction of this court.
14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) ‰
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. ‰X The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
MV-1, MV-2 and GN-1
Date: March 10th, 2021
Benjamin D. Swanson, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3
C[B"I Essential Damage, Wrongful Death
RODRIGUEZ, RAUL
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PLD-PI-001(1)
SHORT TITLE: CASE NUMBER:
CANCINO v. FAJARDO, et al.
FIRST (number) CAUSE OF ACTION- Motor Vehicle
ATTACHMENT TO ‰ X Complaint ‰ Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): RAUL RODRIGUEZ CANCINO
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): 10/9/2019
at (place): McCracken Road and Gaffery Road, unincorporated city in
Stanislaus County, CA.
MV-2. DEFENDANTS
a. ‰
X The defendants who operated a motor vehicle are (names):
JOSE GALVAN FAJARDO and
‰X Does 1 to 30
b. ‰
X The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names): AMERICAN AG CARRIER, INC. and
‰X Does 1 to 30
c. ‰
X The defendants who owned the motor vehicle which was operated with their permission are
(names): AMERICAN AG CARRIER, INC. and
‰X Does 1 to 30
d. ‰
X The defendants who entrusted the motor vehicle are (names):
AMERICAN AG CARRIER, INC. and
‰X Does 1 to 30
e. ‰
X The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
JOSE GALVAN FAJARDO and
‰X Does 1 to 30
f. ‰X The defendants who are liableto plaintiffs for other reasons and the reasons for the liability are
‰ listed
in Attachment MV-2f ‰X as follows:
TO BE DETERMINED THROUGH DISCOVERY
‰X Does 1 to 30
Page 4
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure § 425.12
Judicial Council of California CAUSE OF ACTION - Motor Vehicle www.courtinfo.ca.gov
PLD-PI-001(1) [Rev. January 1, 2007]
CfB"I Essential RODRIGUEZ, RAUL
ceb.com,0 Forms·
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
CANCINO v. FAJARDO, et al.
SECOND CAUSE OF ACTION- General Negligence Page 5
(number)
ATTACHMENT TO ‰ X Complaint ‰ Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name) : RAUL RODRIGUEZ CANCINO
alleges that defendant (name) : JOSE GALVAN FAJARDO, AMERICAN AG CARRIER, INC.
and
‰X Does 1 to 30
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): 10/9/2019
at (place): McCracken Rd and Gaffery Rd, unincorporated city, Stanislaus County, CA
(description of reasons for liability)
:
Defendants, and each of them, so negligently, carelessly
and/or recklessly owned, operated, used, drove, maintained,
loaned and/or entrusted his/their motor vehicle at the
aforesaid time and place, so as to proximately cause his/their
vehicle to collide with Plaintiff's vehicle, thereby
proximately causing the injuries and damages Plaintiff
complains of herein.
Page 1 of 1
Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12
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Judicial Council of California
PLD-PI-001(2) [Rev. January 1, 2007]
cab.com Fonns- RODRIGUEZ, RAUL
www.courtinfo.ca.gov