Preview
1 Stephen B. Heath - 237622
sheath@heathandyuen.com Electronically Filed
2 Steven W. Yuen - 230768 Superior Court of California
syuen@heathandyuen.com County of San Joaquin
3 Lucy K. Galek - 227237 2021-04-13 14:20:15
lgalek@heathandyuen.com Clerk: Joyce Banek
4 HEATH & YUEN, APC
268 Bush Street, #3006 Motion to Quash
5 San Francisco, CA 94104 05/12/2021 09:00 AM in 11B
Tel: (415) 622-7004
6 Fax: (415) 373-3957
7 Attorneys for Specially Appearing Defendant
CHARANJEET SINGH
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN JOAQUIN
11 JOE EDWIN TAYLOR III, AN INCOMPETENT Case No.: STK-CV-UAT-2021-0001576
ADULT, BY AND THROUGH HIS
12 GUARDIAN AD LITEM TELISHA L. MOORE, EXHIBIT INDEX AND EXHIBITS IN
SUPPORT OF DEFENDANT CHARANJEET
13 Plaintiffs, SINGH’S MOTION TO QUASH
PLAINTIFF’S SERVICE OF SUMMONS
14 v. AND COMPLAINT
15 GREWAL CARGO INC.; CHARANJEET Date:
SINGH; AND DOES 1 THROUGH 150, Time:
16 INCLUSIVE, Dept.: 11B
17 Defendants. Judge: Hon. Robert T. Waters
File Date: February 23, 2021
18 Trial Date: None
19 Document Name Exhibit
20 Declaration of Lucy K. Galek ................................................................................................................ A
21 Plaintiff’s Complaint ............................................................................................................................ B
22 Plaintiff’s “Proof of Service” ................................................................................................................. C
23 Declaration of Charanjeet Singh ............................................................................................................ D
24 DATED: April 13, 2021
HEATH & YUEN, APC
25
26
By
27 Lucy K. Galek
Attorneys for Specially Appearing Defendant
28 CHARANJEET SINGH
-1-
EXHIBIT INDEX AND EXHIBITS IN SUPPORT OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH
PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT
1 Stephen B. Heath - 237622
sheath@heathandyuen.com
2 Steven W. Yuen - 230768
syuen@heathandyuen.com
3 Lucy K. Galek - 227237
lgalek@heathandyuen.com
4 HEATH & YUEN, APC
268 Bush Street, #3006
5 San Francisco, CA 94104
Tel: (415) 622-7004
6 Fax: (415) 373-3957
7 Attorneys for Specially Appearing Defendant
CHARANJEET SINGH
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN JOAQUIN
11 JOE EDWIN TAYLOR III, AN INCOMPETENT Case No.: STK-CV-UAT-2021-0001576
ADULT, BY AND THROUGH HIS
12 GUARDIAN AD LITEM TELISHA L. MOORE, DECLARATION OF LUCY K. GALEK IN
SUPPORT OF DEFENDANT CHARANJEET
13 Plaintiffs, SINGH’S NOTICE OF MOTION TO QUASH
PLAINTIFF’S SERVICE OF SUMMONS
14 v. AND COMPLAINT
15 GREWAL CARGO INC.; CHARANJEET [C.C.P. §§ 418.10]
SINGH; AND DOES 1 THROUGH 150,
16 INCLUSIVE, Date:
Time:
17 Defendants. Dept.: 11B
18 Judge: Hon. Robert T. Waters
File Date: February 23, 2021
19 Trial Date: None
20 I, Lucy K. Galek, declare:
21 1. I am an attorney duly licensed to practice in all courts of the State of California, and am
22 of counsel in the law firm of Heath & Yuen, APC, attorneys of record for specially appearing
23 defendant Charanjeet Singh. I have personal knowledge of the information set forth herein, all of
24 which is true and correct of my own personal knowledge, and if called upon to testify, I could and
25 would competently testify thereto.
26 2. Attached to the exhibit index as Exhibit B is a true and correct copy of plaintiff Joe
27 Edwin Taylor III’s Complaint.
28 ///
Exhibit A
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DECLARATION OF LUCY K. GALEK IN SUPPORT OF DEFENDANT CHARANJEET SINGH’S NOTICE OF
MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT
1 3. Attached to the exhibit index as Exhibit C is a true and correct copy of plaintiff Joe
2 Edwin Taylor III’s Proof of Service for Charanjeet Singh filed with the court.
3 I declare under penalty of perjury under the laws of the State of California the foregoing is true
4 and correct, and this declaration was executed on April 13, 2021.
5
6
______________________________________
7 Lucy K. Galek
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DECLARATION OF LUCY K. GALEK IN SUPPORT OF DEFENDANT CHARANJEET SINGH’S NOTICE OF
MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT
Electronically Filed
Superior Court of California
County of San Joaquin
2021-02-23 08:52:17
Clerk: Kristy Kobus
Case Management Conference
08/20/2021 08:30 AM in 11B
STK-CV-UAT-2021-0001576
Exhibit B
- ·
1 resident of the City of Stockton, County of San Joaquin, State of California. Guardian Ad Litern.
2 TELISHA L. MOORE, has been duly appointed by the court pursuant to Code of Civil Procedur
3 §372 on Plaintiffs behalf due to his incompetence which is a consequence of injuries sustained·
4 the subject accident.
5 2. Plaintiff is informed and believes, and thereon alleges, that at all times here'
6 mentioned, Defendant, CHARANJEET SINGH, and Does 1 through 10 is an individual residing ·
7 the City of Fresno, County of San Joaquin, State of California and was the operator of a Freightline
8 tractor/trailer with an utility trailer attached, with California License plates XP71593 and 4TH720
9 owned by Defendant, GREWAL CARGO INC.
10
3. Plaintiff is informed and believes, and thereon alleges that at all times herei
11
mentioned Defendant, GREWAL CARGO INC, and Does 1 through 150 was the owner of th
12
Freightliner tractor/trailer with an utility trailer attachment identified above and employers o
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Defendant, CHARANJEET SINGH and Does 1 through 10. Plaintiff is informed and believes tha
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GREWAL CARGO INC. is located in the City of Ceras, State of California, and operates true
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within the State of California, and County of San Joaquin.
16
4. Plaintiff is informed and believes, and thereon alleges that at all times berei
17
mentioned, SR-99 at or near the intersection with Fremont Street was and is a public street located
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in an unincorporated area of San Joaquin County, State of California.
19
20 5. On or about January 16, 2021at3:18 a.m., Defendant, CHARANJEET SINGH an
Does 1 through 10, were operating a Freightliner tractor pulling a trailer owned by GREW
21
22 CARGO INC .. CHARANJEET SINGH and Does 1-150 was driving southbound on SR-99 whe
23 Defendant, CHARANJEET SINGH failed to stop for traffic and violently rear-ended Plaintiff JO
24 EDWIN TAYLOR's vehicle, causing an impact between the two vehicles, the force of which wa
25 so severe that Plaintiff was caused to suffer serious injuries to his body and brain from which he ha
26 not and will not recover.
27 6. Plaintiff is informed and believes, and thereon alleges, that at all times herei
2
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COMPLAINT FOR DAMAGES
- ·
1 mentioned Defendant, CHARANJEET SINGH, and Does 1 through 10 was an employee o
2 Defendant, GREW AL CARGO, INC. and Does 11 through 40 and Defendant CHARANJEE
3 SINGH and Does 1 through 10 were acting within the course and scope of said employment wi
4 the Defendant, GREWAL CARGO, INC. and Does 11 through 40.
5 7. Plaintiff is ignorant ofthe true names ofDefendants identified as Does 1through150
6 inclusive, and there pursues them by such fictitious names and will ask legal court to amend thi
7 Complaint to show their true names and capacities when the same has been ascertained. Plaint·
8 is informed and believes and thereon alleges that each of these Defendants was in some manne
9 responsible for the events and happenings allege herein, and for Plaintiffs injuries and damages a
10 hereinafter set forth.
11
8. Plaintiff is informed and believes, and thereon alleges, that each of the Defendant
12
designated as a Doe herein is responsible in some manner and legally liable herein for the events an
13
happenings herein alleged, and thereby proximately caused the injuries and damages to Plaintiff a
14
herein further alleged.
15
9. Plaintiff is informed and believes, and thereon alleges, that at all times herein
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mentioned, each of the Defendants, whether specifically named or designated as a Doe, was th
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agent, servant, and employee of each of the remaining Defendants, and in doing the things herei
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alleged, was acting within the course and scope of said agency, employment, and service with th
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advance knowledge, consent and ratification of each of the remaining Defendants.
20
21 10. All of the acts and conduct herein described of each and every corporate Defendan
22 was duly authorized, ordered and directed by the respective Defendant corporate employees of sai
23 employees and agents; that in addition thereto, said corporate employers participated in the enforce
24 acts and conducts of said employees, agents, and each of them, and that in addition thereto, upon th
25 completion of the forced acts and conduct the said corporate employees and agents, the aforesai
26 Defendant corporations respectively ratified, accepted the benefits, condoned, and approve each an
27 all of the said acts and conduct of the aforesaid corporate employees.
3
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COMPLAINT FOR DAMAGES
1 11. As a proximate result of the negligence of Defendants, and each of them, Plaintiff
2 JOE EDWIN TAYLOR III, suffered serious and permanent injury, all of which injuries have caused
3 and continue to cause, Plaintiff to suffer great mental and physical pain and suffering, and to exjs
4 in a persistent vegetative state. As a result of said injuries, Plaintiff has suffered general damage
5 in an amount according to proof.
6 12. As a further and proximate result of conduct by Defendants, and each of the
7 Plaintiff has incurred and will continue to incur, medical and related expenses in an amoun:
8 according to proof.
9
13. As a further and proximate result of conduct by Defendants, and each of them
10
Plaintiff will be prevented from pursuing educational opportunities, future employmen
11
opportunities, and will be unable to participate in a meaningful and fulfilling life or pursue an
12
employment opportunities at all.
13
SECOND CAUSE OF ACTION
14
15 (FOR NEGLIGENT RETENTION AND HIRING
16 AGAINST GREWAL CARGO, INC. AND
17 DOES 11 THROUGH 30, AND EACH OF THEM)
18
14. Plaintiff refers to paragraphs 1 through 13 of this Complaint, inclusive an
19
incorporates them as though fully set forth.
20
15. Plaintiff is informed and believes and thereon alleges, that Defendants, and each o
21
them, did negligently and carelessly, employ, retain, contract with, supervise, and instruct Defendant
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CHARANJEET SINGH and Does 1 through 10, inclusive to drive trucks for them.
23
24 16. Defendants, and each ofthem, knew or reasonably should have known that Defendan
25 CHARANJEET SINGH and Does 1 through 10, inclusive, was unfit to drive semi tractor/trailer
26 had a propensity to drive at unsafe speeds, disregard traffic laws, and to engage in conduct of tb
27 type of that which was engaged in the subject accident such as following vehicles too closely_
4
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COMPLAINT FOR DAMAGES
- · - ·
1 traveling at an unsafe speed, failing to stop a vehicle in a timely fashion, inattention, and otherwis
2 acting in a reckless and negligent manner.
3 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, a
4 follows:
5
1. For economic and consequential damages, according to proof;
6
2. For general damages according to proof;
7
3. For hospital, medical, nursing and incidental expenses according to proof and fo
8
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future hospitals, medical, nursing, and incidental expenses according to proof;
10 4. For costs of suit incurred herein;
11 5. For loss of earning and loss of earning capacity, according to proof;
12
6. For such other and further relief as the Court deems just and proper.
13
14
15 Dated: February 22, 2021 TOREM & ASSOCIATES
16
17
18 YIGAL J. TOREM, ESQ.
Attorney for Plaintiff, JOE EDWIN TAYLOR III,
19 incompetent adult by and through her Guardian A
Litem, TELISHA L. MOORE
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5
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COMPLAINT FOR DAMAGES
Electronically Filed
Superior Court of California
County of San Joaquin
2021-03-22 14:17:27
Clerk: Joyce Banek
Exhibit C
1 Stephen B. Heath - 237622
sheath@heathandyuen.com
2 Steven W. Yuen - 230768
syuen@heathandyuen.com
3 Lucy K. Galek - 227237
lgalek@heathandyuen.com
4 HEATH & YUEN, APC
268 Bush Street, #3006
5 San Francisco, CA 94104
Tel: (415) 622-7004
6 Fax: (415) 373-3957
7 Attorneys for Specially Appearing Defendant
CHARANJEET SINGH
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN JOAQUIN
11 JOE EDWIN TAYLOR III, AN Case No.: STK-CV-UAT-2021-0001576
INCOMPETENT ADULT, BY AND
12 THROUGH HIS GUARDIAN AD LITEM DECLARATION OF CHARANJEET SINGH
TELISHA L. MOORE, IN SUPPORT OF MOTION TO QUASH
13
Plaintiff, [C.C.P. §§ 418.10]
14
v. Date:
15 Time:
GREWAL CARGO INC.; CHARANJEET Dept.: 11B
16 SINGH; AND DOES 1 THROUGH 150,
INCLUSIVE, Judge: Hon. Robert T. Water
17 File Date: February 23, 2021
Defendants. Trial Date: None
18 ________________________________________
19 I, Charanjeet Singh, declare:
20 1. I am a defendant in the above-entitled action. I submit this declaration as part of a
21 special appearance in this action. I have personal knowledge of the information set forth herein below,
22 unless noted as based on information and belief, all of which is true and correct of my own personal
23 knowledge, and if called upon to testify, I could and would competently testify thereto.
24 2. I have never lived nor worked at 2124 Amber Leaf Lane, Ceres, California 95307, and
25 never used that address as a mailing address. When I lived in California, I lived at all times in Fresno,
26 California.
27 3. I now live in Indiana, where I moved to at around the end of January to the beginning of
28 February 2021.
Exhibit D
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DECLARATION OF CHARANJEET SINGH IN SUPPORT OF MOTION TO QUASH
1 I declare under penalty of perjury under the laws of the State of California the foregoing is true
2 and correct, and this declaration was executed on_________________.
3
4 Charanjeet Singh
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DECLARATION OF CHARANJEET SINGH IN SUPPORT OF MOTION TO QUASH
Preview
1 Stephen B. Heath - 237622 sheath@heathandyuen.com Electronically Filed 2 Steven W. Yuen - 230768 Superior Court of California syuen@heathandyuen.com County of San Joaquin 3 Lucy K. Galek - 227237 2021-04-13 14:20:15 lgalek@heathandyuen.com Clerk: Joyce Banek 4 HEATH & YUEN, APC 268 Bush Street, #3006 Motion to Quash 5 San Francisco, CA 94104 05/12/2021 09:00 AM in 11B Tel: (415) 622-7004 6 Fax: (415) 373-3957 7 Attorneys for Specially Appearing Defendant CHARANJEET SINGH 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN JOAQUIN 11 JOE EDWIN TAYLOR III, AN INCOMPETENT Case No.: STK-CV-UAT-2021-0001576 ADULT, BY AND THROUGH HIS 12 GUARDIAN AD LITEM TELISHA L. MOORE, EXHIBIT INDEX AND EXHIBITS IN SUPPORT OF DEFENDANT CHARANJEET 13 Plaintiffs, SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS 14 v. AND COMPLAINT 15 GREWAL CARGO INC.; CHARANJEET Date: SINGH; AND DOES 1 THROUGH 150, Time: 16 INCLUSIVE, Dept.: 11B 17 Defendants. Judge: Hon. Robert T. Waters File Date: February 23, 2021 18 Trial Date: None 19 Document Name Exhibit 20 Declaration of Lucy K. Galek ................................................................................................................ A 21 Plaintiff’s Complaint ............................................................................................................................ B 22 Plaintiff’s “Proof of Service” ................................................................................................................. C 23 Declaration of Charanjeet Singh ............................................................................................................ D 24 DATED: April 13, 2021 HEATH & YUEN, APC 25 26 By 27 Lucy K. Galek Attorneys for Specially Appearing Defendant 28 CHARANJEET SINGH -1- EXHIBIT INDEX AND EXHIBITS IN SUPPORT OF DEFENDANT CHARANJEET SINGH’S MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 1 Stephen B. Heath - 237622 sheath@heathandyuen.com 2 Steven W. Yuen - 230768 syuen@heathandyuen.com 3 Lucy K. Galek - 227237 lgalek@heathandyuen.com 4 HEATH & YUEN, APC 268 Bush Street, #3006 5 San Francisco, CA 94104 Tel: (415) 622-7004 6 Fax: (415) 373-3957 7 Attorneys for Specially Appearing Defendant CHARANJEET SINGH 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN JOAQUIN 11 JOE EDWIN TAYLOR III, AN INCOMPETENT Case No.: STK-CV-UAT-2021-0001576 ADULT, BY AND THROUGH HIS 12 GUARDIAN AD LITEM TELISHA L. MOORE, DECLARATION OF LUCY K. GALEK IN SUPPORT OF DEFENDANT CHARANJEET 13 Plaintiffs, SINGH’S NOTICE OF MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS 14 v. AND COMPLAINT 15 GREWAL CARGO INC.; CHARANJEET [C.C.P. §§ 418.10] SINGH; AND DOES 1 THROUGH 150, 16 INCLUSIVE, Date: Time: 17 Defendants. Dept.: 11B 18 Judge: Hon. Robert T. Waters File Date: February 23, 2021 19 Trial Date: None 20 I, Lucy K. Galek, declare: 21 1. I am an attorney duly licensed to practice in all courts of the State of California, and am 22 of counsel in the law firm of Heath & Yuen, APC, attorneys of record for specially appearing 23 defendant Charanjeet Singh. I have personal knowledge of the information set forth herein, all of 24 which is true and correct of my own personal knowledge, and if called upon to testify, I could and 25 would competently testify thereto. 26 2. Attached to the exhibit index as Exhibit B is a true and correct copy of plaintiff Joe 27 Edwin Taylor III’s Complaint. 28 /// Exhibit A -1- DECLARATION OF LUCY K. GALEK IN SUPPORT OF DEFENDANT CHARANJEET SINGH’S NOTICE OF MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT 1 3. Attached to the exhibit index as Exhibit C is a true and correct copy of plaintiff Joe 2 Edwin Taylor III’s Proof of Service for Charanjeet Singh filed with the court. 3 I declare under penalty of perjury under the laws of the State of California the foregoing is true 4 and correct, and this declaration was executed on April 13, 2021. 5 6 ______________________________________ 7 Lucy K. Galek 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DECLARATION OF LUCY K. GALEK IN SUPPORT OF DEFENDANT CHARANJEET SINGH’S NOTICE OF MOTION TO QUASH PLAINTIFF’S SERVICE OF SUMMONS AND COMPLAINT Electronically Filed Superior Court of California County of San Joaquin 2021-02-23 08:52:17 Clerk: Kristy Kobus Case Management Conference 08/20/2021 08:30 AM in 11B STK-CV-UAT-2021-0001576 Exhibit B - · 1 resident of the City of Stockton, County of San Joaquin, State of California. Guardian Ad Litern. 2 TELISHA L. MOORE, has been duly appointed by the court pursuant to Code of Civil Procedur 3 §372 on Plaintiffs behalf due to his incompetence which is a consequence of injuries sustained· 4 the subject accident. 5 2. Plaintiff is informed and believes, and thereon alleges, that at all times here' 6 mentioned, Defendant, CHARANJEET SINGH, and Does 1 through 10 is an individual residing · 7 the City of Fresno, County of San Joaquin, State of California and was the operator of a Freightline 8 tractor/trailer with an utility trailer attached, with California License plates XP71593 and 4TH720 9 owned by Defendant, GREWAL CARGO INC. 10 3. Plaintiff is informed and believes, and thereon alleges that at all times herei 11 mentioned Defendant, GREWAL CARGO INC, and Does 1 through 150 was the owner of th 12 Freightliner tractor/trailer with an utility trailer attachment identified above and employers o 13 Defendant, CHARANJEET SINGH and Does 1 through 10. Plaintiff is informed and believes tha 14 GREWAL CARGO INC. is located in the City of Ceras, State of California, and operates true 15 within the State of California, and County of San Joaquin. 16 4. Plaintiff is informed and believes, and thereon alleges that at all times berei 17 mentioned, SR-99 at or near the intersection with Fremont Street was and is a public street located 18 in an unincorporated area of San Joaquin County, State of California. 19 20 5. On or about January 16, 2021at3:18 a.m., Defendant, CHARANJEET SINGH an Does 1 through 10, were operating a Freightliner tractor pulling a trailer owned by GREW 21 22 CARGO INC .. CHARANJEET SINGH and Does 1-150 was driving southbound on SR-99 whe 23 Defendant, CHARANJEET SINGH failed to stop for traffic and violently rear-ended Plaintiff JO 24 EDWIN TAYLOR's vehicle, causing an impact between the two vehicles, the force of which wa 25 so severe that Plaintiff was caused to suffer serious injuries to his body and brain from which he ha 26 not and will not recover. 27 6. Plaintiff is informed and believes, and thereon alleges, that at all times herei 2 28 COMPLAINT FOR DAMAGES - · 1 mentioned Defendant, CHARANJEET SINGH, and Does 1 through 10 was an employee o 2 Defendant, GREW AL CARGO, INC. and Does 11 through 40 and Defendant CHARANJEE 3 SINGH and Does 1 through 10 were acting within the course and scope of said employment wi 4 the Defendant, GREWAL CARGO, INC. and Does 11 through 40. 5 7. Plaintiff is ignorant ofthe true names ofDefendants identified as Does 1through150 6 inclusive, and there pursues them by such fictitious names and will ask legal court to amend thi 7 Complaint to show their true names and capacities when the same has been ascertained. Plaint· 8 is informed and believes and thereon alleges that each of these Defendants was in some manne 9 responsible for the events and happenings allege herein, and for Plaintiffs injuries and damages a 10 hereinafter set forth. 11 8. Plaintiff is informed and believes, and thereon alleges, that each of the Defendant 12 designated as a Doe herein is responsible in some manner and legally liable herein for the events an 13 happenings herein alleged, and thereby proximately caused the injuries and damages to Plaintiff a 14 herein further alleged. 15 9. Plaintiff is informed and believes, and thereon alleges, that at all times herein 16 mentioned, each of the Defendants, whether specifically named or designated as a Doe, was th 17 agent, servant, and employee of each of the remaining Defendants, and in doing the things herei 18 alleged, was acting within the course and scope of said agency, employment, and service with th 19 advance knowledge, consent and ratification of each of the remaining Defendants. 20 21 10. All of the acts and conduct herein described of each and every corporate Defendan 22 was duly authorized, ordered and directed by the respective Defendant corporate employees of sai 23 employees and agents; that in addition thereto, said corporate employers participated in the enforce 24 acts and conducts of said employees, agents, and each of them, and that in addition thereto, upon th 25 completion of the forced acts and conduct the said corporate employees and agents, the aforesai 26 Defendant corporations respectively ratified, accepted the benefits, condoned, and approve each an 27 all of the said acts and conduct of the aforesaid corporate employees. 3 28 COMPLAINT FOR DAMAGES 1 11. As a proximate result of the negligence of Defendants, and each of them, Plaintiff 2 JOE EDWIN TAYLOR III, suffered serious and permanent injury, all of which injuries have caused 3 and continue to cause, Plaintiff to suffer great mental and physical pain and suffering, and to exjs 4 in a persistent vegetative state. As a result of said injuries, Plaintiff has suffered general damage 5 in an amount according to proof. 6 12. As a further and proximate result of conduct by Defendants, and each of the 7 Plaintiff has incurred and will continue to incur, medical and related expenses in an amoun: 8 according to proof. 9 13. As a further and proximate result of conduct by Defendants, and each of them 10 Plaintiff will be prevented from pursuing educational opportunities, future employmen 11 opportunities, and will be unable to participate in a meaningful and fulfilling life or pursue an 12 employment opportunities at all. 13 SECOND CAUSE OF ACTION 14 15 (FOR NEGLIGENT RETENTION AND HIRING 16 AGAINST GREWAL CARGO, INC. AND 17 DOES 11 THROUGH 30, AND EACH OF THEM) 18 14. Plaintiff refers to paragraphs 1 through 13 of this Complaint, inclusive an 19 incorporates them as though fully set forth. 20 15. Plaintiff is informed and believes and thereon alleges, that Defendants, and each o 21 them, did negligently and carelessly, employ, retain, contract with, supervise, and instruct Defendant 22 CHARANJEET SINGH and Does 1 through 10, inclusive to drive trucks for them. 23 24 16. Defendants, and each ofthem, knew or reasonably should have known that Defendan 25 CHARANJEET SINGH and Does 1 through 10, inclusive, was unfit to drive semi tractor/trailer 26 had a propensity to drive at unsafe speeds, disregard traffic laws, and to engage in conduct of tb 27 type of that which was engaged in the subject accident such as following vehicles too closely_ 4 28 COMPLAINT FOR DAMAGES - · - · 1 traveling at an unsafe speed, failing to stop a vehicle in a timely fashion, inattention, and otherwis 2 acting in a reckless and negligent manner. 3 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, a 4 follows: 5 1. For economic and consequential damages, according to proof; 6 2. For general damages according to proof; 7 3. For hospital, medical, nursing and incidental expenses according to proof and fo 8 9 future hospitals, medical, nursing, and incidental expenses according to proof; 10 4. For costs of suit incurred herein; 11 5. For loss of earning and loss of earning capacity, according to proof; 12 6. For such other and further relief as the Court deems just and proper. 13 14 15 Dated: February 22, 2021 TOREM & ASSOCIATES 16 17 18 YIGAL J. TOREM, ESQ. Attorney for Plaintiff, JOE EDWIN TAYLOR III, 19 incompetent adult by and through her Guardian A Litem, TELISHA L. MOORE 20 21 22 23 24 25 26 27 5 28 COMPLAINT FOR DAMAGES Electronically Filed Superior Court of California County of San Joaquin 2021-03-22 14:17:27 Clerk: Joyce Banek Exhibit C 1 Stephen B. Heath - 237622 sheath@heathandyuen.com 2 Steven W. Yuen - 230768 syuen@heathandyuen.com 3 Lucy K. Galek - 227237 lgalek@heathandyuen.com 4 HEATH & YUEN, APC 268 Bush Street, #3006 5 San Francisco, CA 94104 Tel: (415) 622-7004 6 Fax: (415) 373-3957 7 Attorneys for Specially Appearing Defendant CHARANJEET SINGH 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN JOAQUIN 11 JOE EDWIN TAYLOR III, AN Case No.: STK-CV-UAT-2021-0001576 INCOMPETENT ADULT, BY AND 12 THROUGH HIS GUARDIAN AD LITEM DECLARATION OF CHARANJEET SINGH TELISHA L. MOORE, IN SUPPORT OF MOTION TO QUASH 13 Plaintiff, [C.C.P. §§ 418.10] 14 v. Date: 15 Time: GREWAL CARGO INC.; CHARANJEET Dept.: 11B 16 SINGH; AND DOES 1 THROUGH 150, INCLUSIVE, Judge: Hon. Robert T. Water 17 File Date: February 23, 2021 Defendants. Trial Date: None 18 ________________________________________ 19 I, Charanjeet Singh, declare: 20 1. I am a defendant in the above-entitled action. I submit this declaration as part of a 21 special appearance in this action. I have personal knowledge of the information set forth herein below, 22 unless noted as based on information and belief, all of which is true and correct of my own personal 23 knowledge, and if called upon to testify, I could and would competently testify thereto. 24 2. I have never lived nor worked at 2124 Amber Leaf Lane, Ceres, California 95307, and 25 never used that address as a mailing address. When I lived in California, I lived at all times in Fresno, 26 California. 27 3. I now live in Indiana, where I moved to at around the end of January to the beginning of 28 February 2021. Exhibit D -1- DECLARATION OF CHARANJEET SINGH IN SUPPORT OF MOTION TO QUASH 1 I declare under penalty of perjury under the laws of the State of California the foregoing is true 2 and correct, and this declaration was executed on_________________. 3 4 Charanjeet Singh 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DECLARATION OF CHARANJEET SINGH IN SUPPORT OF MOTION TO QUASH