COMPLAINT

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Samples legal papers
March 16, 2023

IN THE SUPERIOR COURT OF TULARE COUNTY

IN THE STATE OF CALIFORNIA

MARIAHA. SOTO,

DAVID J. WEINBERGER.

Plaintiffs,

V.

AURELIA V. ROCHA,

ERNEST S. ROCHA,

MELISSA SUE CASTRO,

(AKA Melissa Sue Soto)

CHRISTOPHER E. CASTRO.

_______________________________________

Defendants.

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DOCKET NO.:

COMPLAINT

Plaintiffs MARIAH A. SOTO (“Maria”) and DAVID J. WEINBERGER (“David”) (collectively, “Plaintiffs”), pro se, bring and hereby submit this complaint against Defendants AURELIA V. ROCHA (“Aurelia”), ERNEST S. ROCHA (“Ernest”), MELISSA SUE CASTRO AKA Melissa Sue Soto (“Melissa”) and CHRISTPHER E. CASTRO (“Christopher”) (collectively, “Defendants”), and in support thereof, aver as follows:

  1. NATURE OF THE ACTION
  2. This is an action for personal injury occasioned by unprovoked batter and assault, and is hereby seeking damages and compensation for injuries suffered.
  3. At all times relevant herein, Plaintiffs are an engaged couple and reside at 4125 W. Noble Ave #136, Visalia CA 93277, the scene of the events herein below.
  4. At all times relevant herein, AURELIA is a sister to MARIAH, and is also married to ERNEST.
  5. At all times relevant herein, MELISSA is a sister to MARIAH.
  6. At all times relevant herein, CHRISTOPHER is a nephew to MARIAH.
  7. Plaintiffs are the victims of acts of violence caused and occasioned by the Defendants.
  8. Consequently, Plaintiffs have suffered physical, mental and emotional injury.
  9. Plaintiffs seek compensation for their injuries, anguish and suffering.
  10. THE PARTIES
  11. Plaintiff MARIAHA. Soto is an adult female and a resident of Tulare County, California.
  12. Plaintiff David J. Weinberger is an adult male and a resident of Tulare County, California.
  13. Defendant Aurelia V. Rocha is an adult female and a resident of Tulare County, California, residing at 3938 E. Howard Ave, Visalia, CA 93292.
  14. Defendant Ernest S. Rocha is an adult male and a resident of Tulare County, California, residing at 3938 E. Howard Ave, Visalia, CA 93292.
  15. Defendant Melissa Sue Castro is an adult female and a resident of Tulare County, California, residing at 4242 E. Paradise Ave, Visalia CA 93292.
  16. Defendant Christopher E. Castro is an adult male and a resident of Tulare County, California, residing at 4242 E. Paradise Ave, Visalia CA 93292.
  17. JURISDICTION AND VENUE
  18. This Court has jurisdiction over this action pursuant to California Code of Civil Procedure § 410.10.
  19. Venue is proper in this judicial district because the parties reside in this county and a substantial part of the events or omissions which gave rise to the claim occurred in this county.
  20. FACTUAL ALLEGATIONS
  21. MARIAH, is a mother of three beautiful children sired during the existence of her previous relationship. MARIAH is currently in a custody dispute with the father of the children. MARIAH is now in happily engaged to Plaintiff David.
  22. Sometimes before October 14, 2020, the Plaintiffs learned that Defendants Aurelia and Ernest have maintained a growing relationship with the father to Maria’s children, to such an extent as to be invited for dinner and other activities.
  23. The Plaintiff’s had no quarrel with the ongoing relationship. However, the Plaintiffs were suspicious that AURELIA and ERNEST were attempting to assist the father of the children to succeed in the custody dispute. The Plaintiffs respectfully requested that Defendants Aurelia and Ernest refrain from discussing custody related matters with the father of the children and allow the court to perform its duty.
  24. It was apparent AURELIA was resentful that MARIAH was happy with DAVID. AURELIA became clearly enraged by these allegations and implied serious threats to MARIAH& DAVID over the phone and Facebook messages. AURELIA alluded to her (dangerous) capability and her husband’s (dangerous) capability as to what they could do to DAVID & MARIAH for making the allegations they made.
  25. On or about October 14, 2020, MARIAH was heavily pregnant at an estimated 8 months. MARIAH was at home awaiting DAVID’s arrival while in the presence of her sisters, AURELIA and MELISSA. DAVID had temporarily relocated to a nearby hotel; LAMP LIGHTER INN 3300 W Mineral King Ave, Visalia, CA 93291, as DAVID was no longer able to tolerate the chaos and drama that unfolded often at MARIA’s home, NOT at the fault of MARIA, but due to her immediate family, mainly her elder sister and nephew.
  26. On this day, all was well until a serious argument had ensued at the fault of MARIA’S two sisters against MARIA, over a dispute regarding MARIA’S children. MARIAH respectfully asked AURELIA not to give her children treats that day, which AURELIA was doing. This erupted into a full assault whereas both MARIA’s sisters ganged up on her, physically cornering her and verbally attacking her in a violent manner.
  27. When DAVID arrived at the house, he messaged MARIAH to notify her. Shortly after, MARIAH called DAVID informing DAVID that her sisters were ganging up on her. DAVID immediately called the police to report the aggression.
  28. MARIAH exited the house followed by her evidently enraged sisters. AURELIA was verbally abusive and making gestures of profanity. She approached DAVID’s car which MARIAH had just entered. AUREILA began banging and punching on the windows of the car.
  29. DAVID pulled down the window on his side and asked AURELIA to attacking his car. AURELIA refused to comply and continued attacking the vehicle. DAVID removed his phone and begun to record the incident. AURELIA reached her hands into the gap of the window and started attacking both DAVID & MARIA. It was obvious AURELIA had become more enraged that her actions had been recorded.
  30. DAVID finally exited the vehicle, again pleading with AURELIA to stop. AURELIA kicked DAVID in the groin and dashed into DAVID’s car and grabbed his keys, wallet, and phone. AURELIA tossed DAVID’S belongings onto the street, excluding his phone which she kept. MELISSA on the other hand grabbed DAVID’S car keys preventing him from leaving the scene with MARIA.
  31. While MARIAH was checking on DAVID’s condition, AURELIA attacked DAVID and punched him THREE times in the face; being the left eye, bridge of nose, and upper mouth area. DAVID blacked-out momentarily and then gathered his bearings, only to then soon be met again by another kick in the face by AURELIA.
  32. DAVID eventually managed to recover from the attack and recovered his wallet and cards that had spilled onto the street previously by AURELIA.
  33. Defendant CHRISTOPHER witnessing the attack did not attempt to stop the assault. Instead, he made a call to AURELIA’S husband, ERNEST and encouraged him to come over to join in on the attack.
  34. ERNEST soon shortly appeared on MARIA’S driveway. ERNEST exited the vehicle while holding in his hand a stun gun. ERNEST dashed over to MARIAH& DAVID, and begun threatening them with the STUN-GUN, making violent motions and lunging towards them.
  35. DAVID pleaded with ERNEST to stop as MARIAH was pregnant, and warned him that the stun gun may harm the unborn child. Despite DAVID trying to diffuse ERNEST’s behavior he would not stop.
  36. Thankfully, MARIA’S father stepped in to get in between ERNEST & DAVID/MARIA. DAVID was soon able to recover his car keys. Meanwhile AURELIA and ERNEST dashed into ERENST’S white pick-up truck and took off with DAVID & MARIA’S phone.
  37. DAVID and MARIAH intended to pursue AURELIA and ERNEST to recover the phones. However, wise counsel prevailed as it was unknown what other weapons AURELIA and ERNEST may have in their possession.

VISALIA POLICE INTERACTION: Incident # 20-087794

  • After the incident had ended, Police arrived in response to David’s earlier call. Multiple officers were on scene and took DAVID’S & MARIA’S statements. DAVID was obviously displaying injuries to the face. Moreover, MARIAH began to experience induced contractions from the stress, causing her to kneel in the middle of the street.
  • During the entire incident, the Plaintiffs never once retaliated against the Defendants. The aggression emanated from the Defendants
  • Officers took statements and photos of the area and the injuries sustained.
  • Eventually MARIAH was rushed to the hospital in an ambulance. DAVID had informed the police that AURIELA accidentally left her phone in DAVID’S car when she took DAVID’S phone, and thus DAVID gave AUREILIA’S phone to police.
  • With no phone on him, DAVID, very distressed, had to go to attend to MARIA, she also not having any phone on her, made dealing with the matter incredibly hard on them.
  • DAVID eventually met up with MARIAH at the hospital, known as Kaweah Health Medical Center situated at 400 W Mineral King Ave, Visalia, CA 93291

INJURIES SUSTAINED:

  • MARIAH learned at the hospital that she was having contractions and that her Uterus was irritated. The baby eventually born healthy on 11/23/2020 was twisted upon birth. Only a day returning home from hospital/birth, MARIAH had severe bleeding and issues and was sent to the ER.
  • DAVID had suffered a concussion, nose sprain, and eye damage upon being seen at Urgent care, he then went to the ER for notable black floaters in his left eye vision, which was later discovered by an ophthalmologist to show damage to the Vitreous Syneresis of DAVID’S eye.
  • To date, MARIAH and DAVID continue to have complications relatable to the incident where they were assaulted. DAVID’s vision continues to be impaired in left eye, and MARIAH has had on onslaught of stress, fear, and physical impediments.

CAUSE OF ACTION

ASSAULT

(DEFENDANTS ERNEST & AURELIA)

  • AURELIA and ERNEST have threatened the use of violence against the Plaintiffs.
  • On the first occasion, AURELIA and ERNEST alluded to their “dangerous” capabilities which the Plaintiff ought to have been aware of at the time.
  • On October 14, 2020, Defendant ERNEST threatened to use a tazer/stun gun against the Plaintiffs with intent to cause harm.
  • Defendant ERNEST was aware of the danger the tazer/stun gun would pose and so were the Plaintiffs. It was DAVID who pleaded with ERNEST not to use the tazer/stun gun on MARIAH who was pregnant at the time.
  • Defendants ERNEST and AURELIA’s conduct was malicious, oppressive and intended to instill fear of harm warranting punitive damages.

ASSAULT

(DEFENDANTS AURELIA & MELISSA)

  • AURELIA and MELISSA separately and jointly, willingly and knowingly, ganged up on Plaintiff MARIAH cornering her and bombarding MARIAH with insults and slurs.
  • Plaintiff MARIAH was pushed into a corner where she could not escape from AURELIA and MELISSA’s actions intended to instill fear and emotional distress upon MARIAH.
  • AURELIA and MARIAH with knowledge of MARIAH’s distress, continued to intimidate and abuse MARIAH.
  • Defendants AURELIA and MELISSA’s conduct was malicious, oppressive and intended to instill fear of harm warranting punitive damages.

BATTERY

(DEFENDANT AURELIA)

  • Defendant AURELIA knowingly and willingly attacked and injured Plaintiff DAVID without proper justification.
  • No provocation emanated from the Plaintiffs.
  • No force was directed at AURELIA warranting her to respond with equal violence in self-defense.
  • AURELIA’s act of violence was malicious and intended to cause injury, pain and suffering to the Plaintiffs.
  • As a result, the Plaintiffs have suffered physical, mental and emotional injury, pain and suffering.
  • Defendants AURELIA’s conduct was malicious and intended to cause physical, mental and emotional injury, pain and suffering warranting compensation and punitive damages.

NEGLIGENCE

(ALL DEFENDANTS)

  • The Defendants owed a duty of care to the Plaintiffs.
  • As a result of the actions of the Defendants, the Plaintiffs suffered physical, mental and emotional injuries.
  • Furthermore, as a result of the Defendants’ actions, MARIAH suffered contractions likely to induce premature labor.
  • The actions of the Defendants put the Plaintiffs at harm as well as the child yet to be born to the Plaintiffs.
  • Defendants actions amount to willful and malicious negligence warranting compensation and punitive damages.

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

(ALL DEFENDANTS)

  • The Defendants owed a duty of care to the Plaintiffs.
  • As a result of the actions of the Defendants, the Plaintiffs suffered physical, mental and emotional injuries.
  • Furthermore, as a result of the Defendants’ actions, MARIAH suffered contractions likely to induce premature labor.
  • The actions of the Defendants put the Plaintiffs at harm as well as the child yet to be born to the Plaintiffs.
  • Defendants actions amount to willful and malicious negligence intended to cause mental and emotional distress to the Plaintiffs warranting compensation and punitive damages.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for relief as follows:

  1. For an award of damages in the amount of $125,000 based on age and life expectancy, physical injury and emotional distress.
  2. For an award of compensatory damages for costs associated with assault and battery as shall be established by proof at time of trial;
  3. For an award of consequential damages for costs associated with assault and battery as shall be established by proof at time of trial;
  4. For emotional distress damages as shall be established by proof at time of trial;
  5. For an award based upon loss of property (phones) as shall be established by proof at time of trial;
  6. For exemplary and/or punitive damages;
  7. For treble damages;
  8. For interest, expenses and costs of suit to the extent permitted by law; and
  9. Any other relief the Court may deem just and proper; and
  10. For such other and further relief as this Court deems just and proper.
Dated:  ____________________Respectfully submitted,
   
By: 
      MARIA A SOTO, Pro Se  
Dated: _____________________Respectfully submitted, 
By: 
 DAVID J. WEINBERGER 

Pro Se

DEMAND FOR JURY TRIAL

Plaintiffs demand a jury trial on all causes of action and claims to which they have a right to a jury trial.

Dated:  ____________________Respectfully submitted,
   
By: 
      MARIA A SOTO, Pro Se  
Dated: _____________________Respectfully submitted, 
By: 
 DAVID J. WEINBERGER 

Pro Se

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