Claire Fahrbach v. Djamol Gafurov et al Document 1: Complaint

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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet Jul-26-2013 9:55 am

Case Number: CGC-13-533103 Filing Date: Jul-25-2013 9:51

Filed by: DEBORAH STEPPE Juke Box: 001 Image: 04141511 COMPLAINT

CLAIRE FAHRBACH VS. DJAMOL GAFUROV et al

001004141511

Instructions:

Please place this sheet on top of the document to be scanned.

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SUM-100
SUMMONS (50 COURT USE ONLY
(CITACION JUDICIAL)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):

Djamol Gafurov, Ziad Sleiman, SF Limo Car Service Corporation, Uber Technologies Inc., and Does 1-25 inclusive YOU ARE BEING SUED BY PLAINTIFF:

(LO ESTA DEMANDANDO EL DEMANDANTE):

Claire Fahrbach

NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to cali an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www./awhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's tien must be paid before the court will dismiss the case. jAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacion a continuacion.

Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en /a biblioteca de leyes de su condado o en fa corte que le quede mas cerca. Si no puede pagar la cuota de presentacion, pida al secretario de la corte que le dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podra quitar su sueldo, dinero y bienes sin mas advertencia.

Hay otros requisitos legales. Es recomendable que flame a un abogado inmediatamente. Sino conoce a un abogado, puede flamar a un servicio de remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www. lawheipcalifornia.org), en e/ Ceniro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) 0 poniéndose en contacto con la corte o e/ colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuctas y los cosfos exentos por imponer un gravamen sobre cualquier recuperaci6én de $10,000 6 mas de valor recibida mediante un acuerdo o una concesidn de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso.

The name and address of the court is: MBER (El nombre y direccién de la corte es): C '€ Gis 3 - 5 3 3 1 0 3 400 McAllister St.

San Francisco, California 94102 The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:

(El nombre, la direccién y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):

K. Douglas Atkinson, Esq., 710 Central Ave., San Francisco, CA 94117, Tel. 415.793.7819 / ATE 250013 CLERK OF THE COURT Clerk, by ©. STEPPE J) vepuy (Fecha) (Secretario) [_ (Adjunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-010).)

(Para prueba de entrega de esta citatién use el formulario Proof of Service of Summons, (POS-010)).

NOTICE TO THE PERSON SERVED: You are served

1. Cc] as an individual defendant.

2. [__] as the person sued under the fictitious name of (specify).

3. [1] on behalf of (specify):

under. [__] CCP 416.10 (corporation) [|] CCP 416.60 (minor) [__] CCP 416.20 (defunct corporation) {__] CCP 416.70 (conservatee) [__] CCP 416.40 (association or partnership) [__] CCP 416.90 (authorized person) [__] other (specify):

4. [__] by personal delivery on (date):

Page 1 of 1 Form Adopted for Mandatory Use SUMMONS Code of Civil Procedure §§ 412.20, 465 Judicial Council of California www.courtinfo.ca.gov SUM-100 [Rev. July 1, 2009]

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a @ @ ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY '—K. Douglas Atkinson, SBN 264790 Raymond Tuason, SBN 279346 ATKINSON & ASSOCIATES 710 Central Avenue, San Francisco, CA 94117 erlor Court revepnone no. 415.793.7819 raxno: 415.440.7819 San Fyancisco County Sup :

ATTORNEY FOR (Name): Claire Fahrbach SUPERIOR COURT OF CALIFORNIA, COUNTY OF JU L 2 K 201 3 sTREET aDoRESS: 400) McAllister St.

MAILING ADDRESS: LERK T iF COURT cry anp zip cove: San Francisco, CA 94102 BRANCH NAME: By: Deputy CASE NAME:

Claire Fahrbach v. Djamol Gafurov, Ziad Sleiman, et al.

CIVIL CASE COVER SHEET Complex Case Designation C q Ganges . 5 3 3 } 0 3 (Amount. CI (mount [J Counter [] Joinder demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:

Items 1-6 below must be completed (see instructions on page 2).

1. Check one box below for the case type that best describes this case:

CM-010

JUDGE

Auto Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) Rule 3.740 collections (09) [_] Antitrust/Trade regulation (03) Other PI/PD/WD (Personal injury/Property Other collections (09) [] Construction defect (10) 2 UU Damage/Wrongful Death) Tort Insurance coverage (18) [] Mass tort (40) Asbestos (04) Other contract (37) [] Securities litigation (28) L__] Product liability (24) eal Property [_] Environmental/Toxic tort (30) Medical malpractice (45) [] Eminent domain/inverse [_] insurance coverage claims arising from the L_] other PYPD/WwD (23) condemnation (14) above listed provisionally complex case Non-PI/PDIWD (Other) Tort [_] Wrongful eviction (33) types (41) L_] Business tort/unfair business practice (07) L_] other real property (26) Enforcement of Judgment L | civitrights (08) Unlawful Detainer [] Enforcement of judgment (20) [_] Defamation (13) L_] commerciat (31) Miscellaneous Civil Complaint L_] Fraud (16) L_] Residential (32) L_] rico 7) [| intellectual property (19) L] Drugs (38) LJ Other complaint (not specified above) (42) [__] Professional negligence (25) Judicial Review Miscellaneous Civil Petition L_} other non-PI/PD/WD tort (35) L_] Asset forfeiture (05) Partnership and corporate governance (21)

Employment LC] Petition re: arbitration award (11) Cc] Other petition (not specified above) (43) Wrongful termination (36) L__] writ of mandate (02) [_] Other employment (15) [_] Other judicial review (39)

2. This case L_| is Ly] is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management:

a. LC] Large number of separately represented parties d. CL] Large number of witnesses b. LC] Extensive motion practice raising difficult or novel —e. L_] Coordination with related actions pending in one or more courts

issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court

C. [J Substantial amount of documentary evidence f. L_] Substantial postjudgment judicial supervision

3. Remedies sought (check ail that apply): aLy | monetary b.—_] nonmonetary; declaratory or injunctive relief —c. [_] punitive

4. Number of causes of action (specify): One

5. This case [J Is isnot aclass action suit.

6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.) Date: JulyVY, 2013 ,

K. Douglas Atkinson > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE e Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions.

* File this cover sheet in addition to any cover sheet required by local court rule.

© If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding.

® Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Lora Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Council of Califomia Cal. Standards of Judicial Administration, std. 3.10 CM-010 {Rev. July 1, 2007] www courtinfo.ca.gov

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, @ 6 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. {f you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that CM-010 the case is complex.

Auto Tort Auto (22)—Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other P!/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (net asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice— Physicians & Surgeons Other Professional Health Care Malpractice Other Pi/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PDAWD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-Pi/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, fibel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CM-010 [Rev. July 1, 2007} CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case—Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landiordftenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal—Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal.

Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/T oxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (nondomestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (nonharassment) Mechanics Lien Other Commercial Complaint Case (non-tor’/non-complex) Other Civil Complaint (non-tortnon-complex) Miscellaneous Civil Petition Partnership and Corporate Govemance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of 2

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K. DOUGLAS ATKINSON, Bar No. 264790 RAYMOND TUASON, Bar No. 279346 ATKINSON & ASSOCIATES JUL 25 2013 710 Central Avenue San Francisco, CA 94117 CLERK IE COUAT Phone: (415) 793-7819 ON bie Fax: (415) 440-7819 Comey Email: doug@accidentlawsf.com Email: ray@accidentlawsf.com San Francisco County Superior Court SUMMONS ISSUED Attorneys for Plaintiff CLAIRE FAHRBACH SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO (UNLIMITED JURISDICTION) CLAIRE FAHRBACH, Case No.:

CGC-13-533103
COMPLAINT FOR DAMAGES

v. (NEGLIGENCE) Plaintiff, DJAMOL GAFUROV, ZIAD SLEIMAN, SF LIMO CAR SERVICE CORPORATION, UBER TECHNOLOGIES INC., and DOES 1-25 inclusive; Defendants.

Plaintiff CLAIRE FAHRBACH, (hereinafter “Plaintiff? or “FAHRBACH”) alleges as follows as to Defendants DJAMOL GAFUROV, ZIAD SLEIMAN, SF LIMO CAR SERVICE CORPORATION, and UBER TECHNOLOGIES INC., (hereinafter “Defendants” or respectively “GAFUROV”, “SLEIMAN”, “SF LIMO”, and “UBER”):

1. Plaintiff believes that at all relevant times, Defendant DJAMOL GAFUROV was a resident of San Francisco, California, located in San Francisco County.

2. Plaintiff believes that at all relevant times, Defendant SF LIMO CAR SERVICE CORPORATION and Defendant UBER TECHNOLOGIES INC. were doing business in the City and County of San Francisco, State of California.

1.

Complaint for Damages - Negligence

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3. Plaintiff believes that at all relevant times, Defendant ZIAD SLEIMAN owned and was operating a motor vehicle on the public streets and highways of San Francisco County, California.

4. Plaintiff alleges that Defendant SF LIMO CAR SERVICE CORPORATION was the employer, principal, and/or alter ego of Defendant DJAMOL GAFUROV, and that Defendant GAFUROV was at all relevant times acting in his capacity as the agent of Defendant SF LIMO, and that Defendant GAFUROV was acting in the course and scope of his employment with Defendant SF LIMO at the time of the subject accident. Plaintiff alleges that Defendant SF LIMO is vicariously liable for the acts of Defendant GAFUROV.

5. Plaintiff alleges that Defendant UBER TECHNOLOGIES INC is a business that partners with and/or employs drivers in the San Francisco area for the purposes of providing passenger transport and taxi services. Plaintiff further alleges that Defendant UBER was a principal, partner, joint venturer, affiliate, franchisor and/or employer of Defendants GAFUROV and SF LIMO and that Defendant GAFUROV was at all relevant times acting in his capacity as the agent of Defendant UBER, and that Defendant GAFUROV was acting in the course and scope of his employment to Defendant UBER at the time of the subject accident. Defendant UBER’s software application revealed that at the time and place of the subject accident, Defendant GAFUROV’s vehicle was operating as a part of Defendant UBER’s transportation and taxi network. Plaintiff alleges that Defendant UBER is vicariously liable for the acts of Defendant GAFUROV.

6. Plaintiff does not presently know the true names and capacities of the defendants sued herein as DOES 1 through 25 inclusive. Plaintiff will seek leave of court to amend this complaint to allege said defendants’ true name and capacities as soon as Plaintiff ascertains them. Plaintiff alleges that said Doe Defendants negligently entrusted Defendants with Defendants’ vehicles, and also that said Doe Defendants are vicariously liable for Defendants’ negligence.

7. Divisadero Street and Hayes Street are public streets and highways in San Francisco, County, California. Traffic on Divisadero Street is regulated by traffic lights. |

8. At approximately 11:45pm on March 12, 2013, Defendant GAFUROV owned and

negligently operated a black 2008 Lincoln Town Car, bearing the California license plate 1ZZY690, 2.

Complaint for Damages - Negligence

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oO fF Ss HD

in a general southbound direction on Divisadero Street at its intersection with Hayes Street. Defendant GAFUROV was on Divisadero Street attempting to make a left turn onto Hayes Street when he carelessly and negligently failed to yield to oncoming northbound traffic on Divisadero Street. As a proximate result of this negligence, Defendant GAFUROV’S vehicle collided with Defendant SLEIMAN’s vehicle.

9. At the previously alleged time and place, Defendant SLEIMAN owned and negligently operated a black 2007 Dodge Charger, bearing the California license plate 27DAIZ, in a general northbound direction on Divisadero Street at its intersection with Hayes Street. Defendant GAFUROV contends that Defendant SLEIMAN carelessly and negligently operated his vehicle at a high rate of speed, did not keep a proper lookout on the traffic ahead, and/or failed to properly control his vehicle. As a proximate result of the negligence of Defendant GAFUROV and SLEIMAN, to be apportioned to each Defendant by the trier of fact, Defendant SLEIMAN’S vehicle collided with Defendant GAFUROV’S vehicle as Defendant GAFUROV was attempting to make a left turn onto Hayes Street. After the collision, Defendant SLEIMAN’S vehicle continued in a northbound direction where it collided with a fire hydrant (San Francisco Fire Hydrant #B2212) on Divisadero Street. This impact caused the fire hydrant to be violently sheared from its base and propelled through the air a number of feet in a northbound direction where it eventually made direct contact with Plaintiff CLAIRE FAHRBACH, knocking her to the ground. At the time of impact, Plaintiff CLAIRE FAHRBACH was a pedestrian on the east sidewalk of Divisadero Street walking northbound from Hayes Street when the fire hydrant struck her with a tremendous amount of force.

10. As a proximate result of the negligence of Defendants, Plaintiff CLAIRE FAHRBACH sustained severe bodily injuries including lacerations to her body and a fracture in her lower leg, and multiple herniated discs that are more likely than not will require surgical intervention in the future. All of these injuries have cause Plaintiff CLAIRE FAHRBACH severe and persistent pain.

11. Plaintiff CLAIRE FAHRBACH sustained long term bodily injuries as a proximate result of Defendants’ negligence and the resulting collision with the fire hydrant. Plaintiff was

rendered sore and lame, and was damaged. As a result of her injuries, Plaintiff has suffered general

3.

Complaint for Damages - Negligence

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1] damages.

12. As a proximate result of the previously alleged negligence and collision, Plaintiff has been, and in the future will be, required to obtain the services of physicians and will incur other medical expenses in an amount unknown to Plaintiff at this time. WHEREFORE, plaintiff prays for judgment as follows:

1. For general damages according to proof;

2. For medical and related expenses according to proof;

3. For loss of income and earning capacity according to proof; 4, For costs of suit herein incurred;

5. For other economic damages according to proof;

6. For pre- and post-judgment interest, pursuant to California law;

7. For such other and further relief as the court may deem just and proper. Dated: July 2 { , 2013 Bad Dro

K. DOUGLAS ATKINSON, ESQ.

RAYMOND TUASON, ESQ
ATKINSON & ASSOCIATES

Attorneys for Plaintiff CLAIRE FAHRBACH 4.

Complaint for Damages - Negligence