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  • 8/3/2019 Lindsay Lohan Maserati Lawsuit

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    LAW OFFICES OF P ICCO & PRESLEYGREGORY L. PICCO (SL ale B ar #87235 )2121 Clove r f i e ld Blvd . , Su i t e 110San t a Monica , CA 90404(310) 829-5414Attorney fo r P l a i n t i f f , NUBIA DEL CARMEN PREZA

    LOS ANGELES SUPERIOR COURTJAN 2 6 2012

    SUPERIOR COURT OF THE STATE OF CALIFORNIA

    FOR THE COUNTY OF LOS ANGELES

    NUBIA DEL CARMEN PREZA,

    Plaintiff,vs.

    LINDSAY LOHAN, BLACK & WHITECAR RENTAL, and DOES 1through 10, inclusive,

    Defendants.

    John H. ReldCASE NO. : SCll58^3COMPLAINT FOR DAMAGESFOR PERSONAL INJURIES

    CASE MANAGEMENT CONFERENCE

    MAYU2(Ji2 S'^P F"Data ~~~Plaintiff, NUBIA DEL CARMEN PREZA, for a cause of action

    against the defendants, and each of them, complains and alleges asfollows:

    1. The tortious conduct giving rise to this lawsuitoccurred in the City of West Hollywood, County of Los Angeles,State of California.

    2. The true names or capacities, whether individual,corporate, associate or otherwise, of defendants DOES 1 through50, inclusive, and each of them, are unknown to plaintiff, whotherefore sues said defendants by such fictitious names and will

    1 _COMPLAINT

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    1 ask leave of the Court to amend this complaint to insert their2 true names or capacities when the same have been ascertained.3 3. Plaintiff is informed and believes and thereon alleges4 that each of the defendants designated as a DOE is negligently,5 consciously, willfully, intentionally, knowingly, recklessly,6 otherwise tortiously, or legally responsible in some manner for7 the events and happenings herein referred to, and negligently,8 consciously, willfully, intentionally, knowingly, recklessly, or9 otherwise tortiously caused the injuries and damages proximately10 thereby to plaintiffs as hereinafter alleged, through said11 defendants' own conduct, or through the conduct of their agents,12 servants or employees, and each of them, or due to said13 defendants' importation, operation, design, distribution,14 ownership, possession, supervision, servicing, maintenance,15 inspection, repair, control, entrustment, use, furnishing,16 manufacturing, or sale of the premises or instrumentalities which17 caused the injuries and damages herein alleged.18 4. At all times herein relevant, each of the defendants was19 an agent, servant or employee of each of the remaining defendants,20 and was at ail times acting within the time, purpose or scope of21 said agency or employment, and acting with the express or implied22 knowledge, permission or consent of the remaining defendants, and23 each of them.24 5. Plaintiff is informed and believes and thereon alleges25 that at all times herein mentioned, defendants LINDSAY LOHAN,26 BLACK & WHITE CAR RENTAL, and DOES 1 through 10, inclusive, and27 each of them, were the owners of a motor vehicle referred to in28 this complaint and generally described as a Maserati Granturism.

    2COMPLAINT

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    6. Plaintiff is informed and believes and thereon allegesthat at all times herein mentioned, defendant LINDSAY LOHAN wasthe driver of the aforementioned vehicle.

    7. Defendant LINDSAY LOHAN was driving said motor vehiclewith the express or implied consent, permission or knowledge ofthe remaining defendants, and each of them.

    8. At all times herein mentioned, Alta Loma Road at ornear Holloway Drive was and is a public roadway in the City ofWest Hollywood, County of L03 Angeles, State of California.

    9. On or about September 1, 2010 at approximately 4:00p.m., plaintiff was a pedestrian crossing Alta Loma Road at ornear its intersection with Holloway Drive in West Hollywood,walking north.

    10. At said time and place, defendant; LINDSAY LOHAN wasdriving the aforementioned Maserati automobile South on Alta Loma

    Road at or near Holloway Drive in West Hollywood.11. At said time and place, defendants, and each of them,

    did, among other things, so negligently entrust, manage, maintain,drive or operate their said motor vehicle as to proximately causetheir vehicle to collide with plaintiff, and as a proximate resultthereof, caused the hereinafter described injuries and damages toplaintiff.

    12. As a direct and proximate result of said tortious acts,omissions, or conduct of the defendants, and each of Ihem,plaintiff has sustained and incurred, and is certain in the futureto sustain and incur losses, injuries, and damages itemized asfollows:

    COMPLAINT

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    (a) Disabling and serious personal injuries, pain,suffering and anguish in connection therewith, all to plaintiff'sgeneral damage in a sum in excess of the minimum jurisdictionalamount of this Court;

    (b) Expenditures for past, present and future medicalservices and other curative items in connection with the treatmentof plaintiff's said injuries, all to plaintiff's damage in a sumto be determined according to proof at the time of trial; and

    (c) Inability to perform plaintiff's regular and usualoccupation, with resulting loss and impairment of earnings andearning capacity, all to plaintiff's damage in a sum to bedetermined according to proof at the time of trial.

    REQUEST FOR JURY TRIALPlaintiff hereby requests a trial by jury.

    PRAYER FOR RELIEF

    WHEREFORE, plaintiff prays for judgment against thedefendants, and each of them, as follows:

    1. General damages in a sum in excess of the minimumjurisdictional amount of this Court;

    2. All medical and incidental expenses according to proof;3. Loss and impairment of earnings and earning capacity

    according to proof;4. For costs of suit incurred herein;5. For post-judgment and pre-judgment interest according

    to law;

    COMPLAINT

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    6. For such other and further re l ie f as to th is Court maydeem j u s t and prope r .

    DATE: l/2H/