Preview
*)
a
PLD-PI-001 =~
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State umber, and address).
r~ Gerald E. Brunn, Esq., SBN 107004
Law Offices of Brunn & Flynn
928 12th Street, Suite 200
Modesto, CA 95354 “
rerepHoneno: (209) 521-2133 FAXNO.(Optionay: (209)
E-MAIL ADDRESS (Optional) gbrunn@brunn-flynn.com
ATTORNEY FOR (Nema): Plaintiff
521-7584
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus
streetaooress: 801 10th Street
MAILING ADDRESS: 7
ciyanozipcove: Modesto, CA 95354
BRANCH NAME
PLAINTIFF: BARBARA DUNNING
DEFENDANT: BRADLEY HARDISON and
(QQ) voes 1 to 25, inclusive
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
(2) AMENDED (Number):
Type (check all that apply):
(K] MOTOR VEHICLE = [C.) OTHER (specify):
(J Property Damage C] wrongful Death
(Q) Personal Injury CC) Other Damages (specify):
FOR COURT USE ONLY
te pa ak
wee a
FILED
mig HAY 17 AMM: 82
5 iOR COURT
by STANISLAUS
RK OF
cue eounty GF
Jurisdiction (check all that apply):
(2 ACTION IS A LIMITED CIVIL CASE
Amount demanded [C] does not exceed $10,000
[J exceeds $10,000, but does not exceed $25,000
[Q] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
O ACTION IS RECLASSIFIED by this amended complaint
CC) from limited to unlimited
[] from unlimited to limited
CASE NUMBER:
Cy 18000356
4. Plaintiff (name ornames): BARBARA DUNNING ~~ -
—
alleges causes of action against defendant (name ornames): BRADLEY HARDISON and DOES 1 to 25,
inclusive
2. This pleading, including attachments and exhibits, consists of the following number of pages: Five
3. Each plaintiff named above is a competent adult
a. C2) except plaintiff (name):
(1) (2) a corporation qualified to do business in California
(2) CQ an unincorporated entity (describe):
(3) C) a public entity (describe):
(4) CQ} aminor = () anadult
(a) (2) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) LL} other (specify):
(5) C) other (specify):
b. CD) except plaintiff (name):
(1) CC) a corporation qualified to do business in California
(2) (L] an unincorporated entity (describe):
(3) LL) a public entity (describe):
(4) CQ aminor (] anadult
(a) (J for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) E} other (specify):
(6) C) other (specify):
{(C) Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
‘orm Approved for Optional Use
"Rel Gourel ot Caforia
PLO-PI-001 (Rev. January 1, 2007]
COMPLAINT-Personal Injury, Property
° nt
Essential Damage, Wrongful Death
Code of Civil Procedure, § 434
wewnw. courtinto.
6419-17165
z
K
UCHES NE
Trial.
ing
d to Judge ROGER M. BEAI
:
assigne
case has been
epariment DY. , for all purposes includ:
ze
GPLD-PI-001
SHORT TITLE: CASE NUMBER:
DUNNING v. HARDISON
4 CC) Piaintiff (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. (J except defendant (name): c. Cl] except defendant (name):
(1) (C) a business organization, form unknown (1) (2) a business organization, form unknown
(2) LL) acorporation (2) (CQ acorporation
(3) (2) an unincorporated entity (describe): (3) [J an unincorporated entity (describe):
(4) (CC) a public entity (describe): (4) (Cy a public entity (describe):
(5) (2) other (specify): (5) (Cy other (specify):
b. [] except defendant (name): d. () except defendant (name):
(1) (2) a business organization, form unknown (1) (2) a business organization, form unknown
(2) Co) acorporation (2) CL) acorporation
(3) () an unincorporated entity (describe): (3) CC) an unincorporated entity (describe):
(4) (CC) a public entity (describe): (4) () a public entity (describe):
(5) CA other (specify): (5) (2) other (specify):
(C} 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. [KX] Doe defendants (specify Doe numbers): 1-14 ____were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. EX) Doe defendants (specify Doe numbers): 15-25 ____are persons whose capacities are unknown to
plaintiff.
7. Q) Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. () atleast 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. ft injury to person or damage to personal property occurred in its jurisdictional area.
d. () other (specify):
9. (2) Plaintiff is required to comply with a claims statute, and
a. (C) has complied with applicable claims statutes, or
b. () is excused from complying because (specify):
PLD-P1-001 [Rev. January 1, 2007} COMPLAINT-Personal Injury, Property Page 2 of 3
i Damage, Wrongful Death 7419-17165a
PLD-PI-001
SHORT TITLE: = NUMBER:
DUNNING v. HARDISON
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. (&) Motor Vehicle
b. [X) Generai Negligence
c. () Intentional Tort
d. (2) Products Liability
e. () Premises Liability
f. (C} Other (specify) :
11. Plaintiff has suffered
Co) wage loss
(C) loss of use of property
(KJ hospital and medical expenses
(KY general damage
(CJ property damage
CC} loss of earning capacity
C) other damage (specify) :
e>ea0go
(C) listed in Attachment 42.
12. [2] The damages ciaimed for wrongful death and the relationships of plaintiff to the deceased are
a.
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) (QJ 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) (2) in the amount of: $
45. [L] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: May 16, 2018
Gerald F. Brunn, Esq > A= wt
(TYPE OR PRINT NAME} (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-O01 [Rev. January 1, 2007] COMPLAINT-Persohal Injury, Property Page 3 of 3
Cs Fronns Damage, Wrongful Death 6419-17165a
PLD-PI-001(1) ~~
SHORT TITLE: CASE NUMBER:
DUNNING v. HARDISON, et al.
EIRSD ss3y7————— CAUSE OF ACTION- Motor Vehicle
ATTACHMENT TO (Xj Complaint (2) Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): BARBARA DUNNING
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) December 20, 2016
at (place). State Route 219 near intersection of Tully Road, in City
of Modesto, County of Stanislaus, State of California
MV-2, DEFENDANTS
a. KX] The defendants who operated a motor vehicle are (names):
BRADLEY HARDISON
Does 1 =a to 5
b. [2 The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names):
KK) Does 6 to 10
c. [] The defendants who owned the motor vehicle which was operated with their permission are (names):
BRADLEY HARDISON
[] Does to 15
d. (XJ The defendants who entrusted the motor vehicle are (names):
Ky Does 16 &3=&2 20
e. (XJ The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
) Does 21s to 25
f. (2) The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
(C) listed in Attachment MV-2f [2] as follows:
(-) Does to
Page 4___
rage tof
"Rast Couret ot Caverns CAUSE OF ACTION - Motor Vehicle Coe ot rec cO ut c8 GY
PLO-PI-001(1) [Rev. January 1, 2007)
CEB’ Essential 6419-17165
cabcom | fe}Forms:PLD-PI-001(2) ~
SHORT TITLE:
DUNNING v. HARDISON, et al.
NUMBER:
__SECOND s—(ss CAUSE: OF ACCTION- General Negligence Page 5S
(number)
ATTACHMENT TO [X] Complaint [C] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1, Plaintiff (name): BARBARA DUNNING
alleges that defendant (name): BRADLEY HARDISON and DOES 1 to 25, inclusive
(2 Does
was the legal (proximate) cause of damages to plai
negligently caused the damage to plaintiff
on (date): December 20, 2016
at (place): State Route 219 near Tully Road, in Modesto, California.
(description of reasons for liability) :
On said date and place, defendants and each of them negligently
and carelessly owned, entrusted, drove, operated, maintained
and controlled their motor vehicle to as to cause said vehicle to
collide with plaintiff's vehicle, thereby causing the hereinabove
described injuries and damages.
to
iff. By the following acts or omissions to act, defendant
Page 1 of 1
Form Anproved far Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12
Judicial Council of California, . wiew.courtinfo.ca.gov
PLD-Pi-001(2) [Rev. January 1, 2007] CFR | Essential
cebcom | [2]Forms: 6419-17165
Preview
*) a PLD-PI-001 =~ ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State umber, and address). r~ Gerald E. Brunn, Esq., SBN 107004 Law Offices of Brunn & Flynn 928 12th Street, Suite 200 Modesto, CA 95354 “ rerepHoneno: (209) 521-2133 FAXNO.(Optionay: (209) E-MAIL ADDRESS (Optional) gbrunn@brunn-flynn.com ATTORNEY FOR (Nema): Plaintiff 521-7584 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus streetaooress: 801 10th Street MAILING ADDRESS: 7 ciyanozipcove: Modesto, CA 95354 BRANCH NAME PLAINTIFF: BARBARA DUNNING DEFENDANT: BRADLEY HARDISON and (QQ) voes 1 to 25, inclusive COMPLAINT-Personal Injury, Property Damage, Wrongful Death (2) AMENDED (Number): Type (check all that apply): (K] MOTOR VEHICLE = [C.) OTHER (specify): (J Property Damage C] wrongful Death (Q) Personal Injury CC) Other Damages (specify): FOR COURT USE ONLY te pa ak wee a FILED mig HAY 17 AMM: 82 5 iOR COURT by STANISLAUS RK OF cue eounty GF Jurisdiction (check all that apply): (2 ACTION IS A LIMITED CIVIL CASE Amount demanded [C] does not exceed $10,000 [J exceeds $10,000, but does not exceed $25,000 [Q] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) O ACTION IS RECLASSIFIED by this amended complaint CC) from limited to unlimited [] from unlimited to limited CASE NUMBER: Cy 18000356 4. Plaintiff (name ornames): BARBARA DUNNING ~~ - — alleges causes of action against defendant (name ornames): BRADLEY HARDISON and DOES 1 to 25, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: Five 3. Each plaintiff named above is a competent adult a. C2) except plaintiff (name): (1) (2) a corporation qualified to do business in California (2) CQ an unincorporated entity (describe): (3) C) a public entity (describe): (4) CQ} aminor = () anadult (a) (2) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) LL} other (specify): (5) C) other (specify): b. CD) except plaintiff (name): (1) CC) a corporation qualified to do business in California (2) (L] an unincorporated entity (describe): (3) LL) a public entity (describe): (4) CQ aminor (] anadult (a) (J for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E} other (specify): (6) C) other (specify): {(C) Information about additional plaintiffs who are not competent adults is shown in Attachment 3. ‘orm Approved for Optional Use "Rel Gourel ot Caforia PLO-PI-001 (Rev. January 1, 2007] COMPLAINT-Personal Injury, Property ° nt Essential Damage, Wrongful Death Code of Civil Procedure, § 434 wewnw. courtinto. 6419-17165 z K UCHES NE Trial. ing d to Judge ROGER M. BEAI : assigne case has been epariment DY. , for all purposes includ: ze GPLD-PI-001 SHORT TITLE: CASE NUMBER: DUNNING v. HARDISON 4 CC) Piaintiff (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. (J except defendant (name): c. Cl] except defendant (name): (1) (C) a business organization, form unknown (1) (2) a business organization, form unknown (2) LL) acorporation (2) (CQ acorporation (3) (2) an unincorporated entity (describe): (3) [J an unincorporated entity (describe): (4) (CC) a public entity (describe): (4) (Cy a public entity (describe): (5) (2) other (specify): (5) (Cy other (specify): b. [] except defendant (name): d. () except defendant (name): (1) (2) a business organization, form unknown (1) (2) a business organization, form unknown (2) Co) acorporation (2) CL) acorporation (3) () an unincorporated entity (describe): (3) CC) an unincorporated entity (describe): (4) (CC) a public entity (describe): (4) () a public entity (describe): (5) CA other (specify): (5) (2) other (specify): (C} 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. [KX] Doe defendants (specify Doe numbers): 1-14 ____were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. EX) Doe defendants (specify Doe numbers): 15-25 ____are persons whose capacities are unknown to plaintiff. 7. Q) Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. () atleast 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. ft injury to person or damage to personal property occurred in its jurisdictional area. d. () other (specify): 9. (2) Plaintiff is required to comply with a claims statute, and a. (C) has complied with applicable claims statutes, or b. () is excused from complying because (specify): PLD-P1-001 [Rev. January 1, 2007} COMPLAINT-Personal Injury, Property Page 2 of 3 i Damage, Wrongful Death 7419-17165a PLD-PI-001 SHORT TITLE: = NUMBER: DUNNING v. HARDISON 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. (&) Motor Vehicle b. [X) Generai Negligence c. () Intentional Tort d. (2) Products Liability e. () Premises Liability f. (C} Other (specify) : 11. Plaintiff has suffered Co) wage loss (C) loss of use of property (KJ hospital and medical expenses (KY general damage (CJ property damage CC} loss of earning capacity C) other damage (specify) : e>ea0go (C) listed in Attachment 42. 12. [2] The damages ciaimed for wrongful death and the relationships of plaintiff to the deceased are a. 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) (QJ 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) (2) in the amount of: $ 45. [L] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: May 16, 2018 Gerald F. Brunn, Esq > A= wt (TYPE OR PRINT NAME} (SIGNATURE OF PLAINTIFF OR ATTORNEY) PLD-PI-O01 [Rev. January 1, 2007] COMPLAINT-Persohal Injury, Property Page 3 of 3 Cs Fronns Damage, Wrongful Death 6419-17165a PLD-PI-001(1) ~~ SHORT TITLE: CASE NUMBER: DUNNING v. HARDISON, et al. EIRSD ss3y7————— CAUSE OF ACTION- Motor Vehicle ATTACHMENT TO (Xj Complaint (2) Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): BARBARA DUNNING 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) December 20, 2016 at (place). State Route 219 near intersection of Tully Road, in City of Modesto, County of Stanislaus, State of California MV-2, DEFENDANTS a. KX] The defendants who operated a motor vehicle are (names): BRADLEY HARDISON Does 1 =a to 5 b. [2 The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names): KK) Does 6 to 10 c. [] The defendants who owned the motor vehicle which was operated with their permission are (names): BRADLEY HARDISON [] Does to 15 d. (XJ The defendants who entrusted the motor vehicle are (names): Ky Does 16 &3=&2 20 e. (XJ The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): ) Does 21s to 25 f. (2) The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are (C) listed in Attachment MV-2f [2] as follows: (-) Does to Page 4___ rage tof "Rast Couret ot Caverns CAUSE OF ACTION - Motor Vehicle Coe ot rec cO ut c8 GY PLO-PI-001(1) [Rev. January 1, 2007) CEB’ Essential 6419-17165 cabcom | fe}Forms:PLD-PI-001(2) ~ SHORT TITLE: DUNNING v. HARDISON, et al. NUMBER: __SECOND s—(ss CAUSE: OF ACCTION- General Negligence Page 5S (number) ATTACHMENT TO [X] Complaint [C] Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1, Plaintiff (name): BARBARA DUNNING alleges that defendant (name): BRADLEY HARDISON and DOES 1 to 25, inclusive (2 Does was the legal (proximate) cause of damages to plai negligently caused the damage to plaintiff on (date): December 20, 2016 at (place): State Route 219 near Tully Road, in Modesto, California. (description of reasons for liability) : On said date and place, defendants and each of them negligently and carelessly owned, entrusted, drove, operated, maintained and controlled their motor vehicle to as to cause said vehicle to collide with plaintiff's vehicle, thereby causing the hereinabove described injuries and damages. to iff. By the following acts or omissions to act, defendant Page 1 of 1 Form Anproved far Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of California, . wiew.courtinfo.ca.gov PLD-Pi-001(2) [Rev. January 1, 2007] CFR | Essential cebcom | [2]Forms: 6419-17165