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
WESTLAKE VILLAGE, CALIFORNIA 91361 3/22/2021
TELEPHONE NO.: (818) 852-7300 (818)
FAX NO.(Optional): 852-7298
E-MAIL ADDRESS (Optional):ben@theswansonlawgroup.com
ATTORNEY FOR (Name):PLAINTIFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS:400 COUNTY CENTER
REDWOOD
MAILING ADDRESS: CITY
REDWOOD
CITY AND ZIP CODE: CITY, CALIFORNIA 94063
BRANCH NAME: HALL OF JUSTICE
PLAINTIFF: MOISES ESCALANTE
DEFENDANT: FABIAN FU, LOOP TRANSPORTATION, INC.
FACEBOOK, 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 21-CIV-01515
‰ exceeds $10,000, but does not exceed $25,000
‰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): MOISES ESCALANTE
alleges causes of action against defendant (name or names): FABIAN FU, LOOP TRANSPORTATION, INC.,
FACEBOOK, 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):
(5) ‰ other (specify):
‰ 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
cab.mm
Essential
I
PLD-PI-001 [Rev. January 1, 2007]
,0 Fonns- Damage, Wrongful Death ESCALANTE,
Code of Civil Procedure, § 425.12
MOISES
www.courtinfo.ca.gov
PLD-PI-001
SHORT TITLE: CASE NUMBER:
21-CIV-01515
ESCALANTE v. FU, 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):
LOOP TRANSPORTATION, 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. ‰X except defendant (name): d. ‰ except defendant (name):
FACEBOOK, 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):
‰ 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. ‰X 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
cm· Im
cab.com
Essential
Fonns-
Damage, Wrongful Death ESCALANTE, MOISES
PLD-PI-001
SHORT TITLE: CASE NUMBER:
ESCALANTE v. FU, et al. 21-CIV-01515
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 19th , 2021
Benjamin D. Swanson, Esq.
(TYPE OR PRINT NAME)
IL--- (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
ESCALANTE, MOISES
ceb.comE;l Fonns·
PLD-PI-001(1)
SHORT TITLE: CASE NUMBER:
ESCALANTE v. FU, et al. 21-CIV-01515
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): MOISES ESCALANTE
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): 4/1/2019
at (place): S/B US-101 near Woodside Road, Redwood City, California
MV-2. DEFENDANTS
a. ‰
X The defendants who operated a motor vehicle are (names):
FABIAN FU 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): LOOP TRANSPORTATION, INC., FACEBOOK, INC. and
‰X Does 1 to 30
c. ‰
X The defendants who owned the motor vehicle which was operated with their permission are (names):
LOOP TRANSPORTATION, INC., FACEBOOK, INC. and
‰X Does 1 to 30
d. ‰
X The defendants who entrusted the motor vehicle are (names):
LOOP TRANSPORTATION, INC., FACEBOOK, 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):
FABIAN FU 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]
cm· IroEssential
cab.a>m Fonns-
ESCALANTE, MOISES
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
ESCALANTE v. FU, et al. 21-CIV-01515
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) : MOISES ESCALANTE
alleges that defendant (name) : FABIAN FU, LOOP TRANSPORTATION, INC.,
FACEBOOK, 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): 4/1/2019
at (place): S/B US-101 near Woodside Road, Redwood City, California
(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 their motor vehicle at the aforesaid
time and place, so as to proximately cause their motor 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
cm· I_0Fonns-
Judicial Council of California
PLD-PI-001(2) [Rev. January 1, 2007]
aab.com
Essen11a1
ESCALANTE, MOISES
www.courtinfo.ca.gov
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 WESTLAKE VILLAGE, CALIFORNIA 91361 3/22/2021 TELEPHONE NO.: (818) 852-7300 (818) FAX NO.(Optional): 852-7298 E-MAIL ADDRESS (Optional):ben@theswansonlawgroup.com ATTORNEY FOR (Name):PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS:400 COUNTY CENTER REDWOOD MAILING ADDRESS: CITY REDWOOD CITY AND ZIP CODE: CITY, CALIFORNIA 94063 BRANCH NAME: HALL OF JUSTICE PLAINTIFF: MOISES ESCALANTE DEFENDANT: FABIAN FU, LOOP TRANSPORTATION, INC. FACEBOOK, 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 21-CIV-01515 ‰ exceeds $10,000, but does not exceed $25,000 ‰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): MOISES ESCALANTE alleges causes of action against defendant (name or names): FABIAN FU, LOOP TRANSPORTATION, INC., FACEBOOK, 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): (5) ‰ other (specify): ‰ 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 cab.mm Essential I PLD-PI-001 [Rev. January 1, 2007] ,0 Fonns- Damage, Wrongful Death ESCALANTE, Code of Civil Procedure, § 425.12 MOISES www.courtinfo.ca.gov PLD-PI-001 SHORT TITLE: CASE NUMBER: 21-CIV-01515 ESCALANTE v. FU, 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): LOOP TRANSPORTATION, 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. ‰X except defendant (name): d. ‰ except defendant (name): FACEBOOK, 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): ‰ 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. ‰X 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 cm· Im cab.com Essential Fonns- Damage, Wrongful Death ESCALANTE, MOISES PLD-PI-001 SHORT TITLE: CASE NUMBER: ESCALANTE v. FU, et al. 21-CIV-01515 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 19th , 2021 Benjamin D. Swanson, Esq. (TYPE OR PRINT NAME) IL--- (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 ESCALANTE, MOISES ceb.comE;l Fonns· PLD-PI-001(1) SHORT TITLE: CASE NUMBER: ESCALANTE v. FU, et al. 21-CIV-01515 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): MOISES ESCALANTE 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): 4/1/2019 at (place): S/B US-101 near Woodside Road, Redwood City, California MV-2. DEFENDANTS a. ‰ X The defendants who operated a motor vehicle are (names): FABIAN FU 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): LOOP TRANSPORTATION, INC., FACEBOOK, INC. and ‰X Does 1 to 30 c. ‰ X The defendants who owned the motor vehicle which was operated with their permission are (names): LOOP TRANSPORTATION, INC., FACEBOOK, INC. and ‰X Does 1 to 30 d. ‰ X The defendants who entrusted the motor vehicle are (names): LOOP TRANSPORTATION, INC., FACEBOOK, 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): FABIAN FU 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] cm· IroEssential cab.a>m Fonns- ESCALANTE, MOISES PLD-PI-001(2) SHORT TITLE: CASE NUMBER: ESCALANTE v. FU, et al. 21-CIV-01515 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) : MOISES ESCALANTE alleges that defendant (name) : FABIAN FU, LOOP TRANSPORTATION, INC., FACEBOOK, 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): 4/1/2019 at (place): S/B US-101 near Woodside Road, Redwood City, California (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 their motor vehicle at the aforesaid time and place, so as to proximately cause their motor 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 cm· I_0Fonns- Judicial Council of California PLD-PI-001(2) [Rev. January 1, 2007] aab.com Essen11a1 ESCALANTE, MOISES www.courtinfo.ca.gov