sample - complaint
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Peter King1200 University Ave.Riverside, CA, [email protected]
SUPERIOR COURT FOR THE STATE OF CALIFORNIAFOR THE COUNTY OF ORANGE
TIMOTHY TREEACRE
Plaintiff,
v.
CITY OF COSTA MESA
Defendant
Case No.: 0123456789
Limited Civil Case
COMPLAINT FOR NEGLIGENCE
Plaintiff Timothy Treearce (“Treeacre”) complains of defendant the City of Costa Mesa (“Costa
Mesa”) as follows:
JURISDICTION
1. This court has jurisdiction under Article 6 of the California Constitution, which provides for
original and general jurisdictions for the superior courts.
VENUE
2. Venue is proper pursuant to CCP §334 and CCP §335 because Costa Mesa is situated in
Orange County and the injury occurred in the same county.
PARTIES
3. Treeacre is, and at all time relevant herein was, a resident of the County of Orange,
California.
4. Costa Mesa is, and all times relevant herein was, a public entity.
STATEMENT OF FACTS COMMON TO ALL CAUSES OF ACTION
5. On September 18, 2016, at approximately 4:00 P.M., Treeacre went for a 3 mile run through
his neighborhood. Treeacre runs through his neighborhood 4 days per week, running various
routes each day and using the sidewalks a majority of the time.
6. Treeacre is 65 years old and has been physically active in several different sports. Treeacre
considers himself to be a good shape.
7. Approximately 1.5 miles into his 3 mile run, Treeacre tripped over an uplifted portion of the
sidewalk. Treeacre tried to catch himself but continued tripping, falling forward over the
COMPLAINT FOR NEGLIGENCE - 1
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jagged, uplifted portion of the concrete paneled sidewalk. Treeacre was unable to break his
fall and fell onto the curb stone, landing full force on his face.
8. A neighbor who witnessed the fall contacted medical aid for Treeacre. Treeacre was
transported to a nearby hospital via ambulance. Treeacre was immediately seen by the triage
doctor who determined that Treeacre had sustained a broken nose, several broken teeth, and a
severely bruised cheekbone. As a result, Treeacre incurred several dental expenses,
emergency room expenses, an ambulance expense, expenses for medications and follow-up
appointments, and lost wages from work.
FIRST CAUSE OF ACTION FOR NEGLIGENCE
9. Documentation provided with this pleading will show that Costa Mesa retains the
responsibility of maintaining the sidewalks and roadways in Treeacre’s neighborhood as the
sidewalks and roadways are considered public property and not the property of Magnolia
Street Homeowners Association, the neighborhood is which Treeacre resides and where the
incident and injury occurred.
10. A history of complaints to Costa Mesa about the uplifted portion of the sidewalk, attached to
this pleading, shows that Costa Mesa should have reasonably known about the uplifted
portion of the sidewalk that Treeacre tripped over and in fact, had a duty to fix the sidewalk.
11. In showing that Costa Mesa was informed about the uplifted portion of the sidewalk and had a
duty to return the sidewalk to its original, functioning condition, it can also be shown that
because Costa Mesa did not fix the sidewalk, Costa Mesa intentionally and without regard to
the safety of its citizens, chose not to fix the sidewalk thereby breaching its duty to its
citizens.
12. Because Costa Mesa chose to disregard fixing the uplifted portion of the sidewalk, despite the
many complaints from its citizens, the actions of Costa Mesa were a direct and proximate
cause of Treeacre’s fall and subsequent injuries.
REQUEST FOR RELIEF
13. WHEREFORE, Treeacre prays for judgment against the defendant as hereinafter set forth:
1. For general damages in an amount to be proven at trial
2. For special damages in an amount to be proven at trial
3. For prejudgment interest as provided by law
4. For cost of expenses and attorney’s fees incurred hereafter
5. For such other and further relief as the Court deems just and proper
COMPLAINT FOR NEGLIGENCE - 2
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Dated: October 17, 2016
[Attorney Name]
COMPLAINT FOR NEGLIGENCE - 3