DEMAND FOR EARLY MONETARY JUDGMENT IN EXCESS OF POLICY LIMITS

SEAN RASHTI

5150 YARMOUTH AVE APT. 210

ENCINO, CA 91315

CELL TELEPHONE: 818-448-6500

FAX: 818-705-2724

 

PLAINTIFF IN PROPER

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR COUNTY OF LOS ANGELES – CENTRAL DISTRICT

 

SEAN RASHTI,

Plaintiff

vs.

KOOROSH SHAHROKH, as attorney for deceased Defendant TOBY WANK,

Defendant

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 Case No.: No. 19STCV42312

 

Judge:  Honorable Audra Mori

Department: 31

 

DEMAND FOR EARLY MONETARY JUDGMENT IN EXCESS OF POLICY LIMITS

 

 

Complaint filed: Nov. 26. 2019

Trial Date: May 20.2022

 

PROPOUNDING PARTY:     Plaintiff SEAN RASHTI

RESPONDING PARTY:        KOOROSH SHAHROKH, as attorney for deceased Defendant

TOBY WANK,

Plaintiff hereby submits this demand for an early monetary judgment in excess of policy limits.

Liability

On or about December 8, 2017, Plaintiff was a victim of an accident at the South West quadrant of intersection of Lindley Avenue and Burbank Blvd. In the accident, TOBY WANK (the decedent), run the red light on Burbank Blvd. and Lindley Ave. travelling east bound. The decedent was looking in the wrong direction of the traffic in front of her vehicle while making the turn. The decedent also admitted that at the time of the accident, she had been exhausted from the working all day and that she was in a rush to get home.

 

 

Injuries

The total damages suffered by Plaintiff surpass the policy limit. The Plaintiff must undergo surgery scheduled in May 2022, which Cost $170,000. Consequential to the injury, Plaintiff can only sleep for between 2 to 4 hours every night. His ear rings all day from cervical instability; and he has neck, shoulder and other roaming pains. Notably, the uncorrected space changes in Plaintiff’s Cervical vertebrae from the tendon tear from the dorsal spinous process of T1, which allows Cervical Vertebrae 1-7 to fall forward into the spinal canal. The cervical instability cannot be relieved without an advanced neuro/orthopedic surgery. Notably, as a result of the cervical instability, Plaintiff has current chronic problems including:

  1. Roaming pains without warning;
  2. Severe visual blurriness for 2 years now;
  • Tinnitis for 3 years now;
  1. Dizziness,
  2. Vertigo,
  3. Balance difficulty (having to take a step or fall to the right side);
  • Swallowing difficulties (unable to swallow food or pills – associated to severe pain on swallowing, peristalsis disturbance and immotile esophagus);
  • Consistent paresthesia of upper extremity causing dropping of objects, and sleep disturbances;
  1. Feeling of sudden loss of consciousness;
  2. Strange outer body experiences;
  3. Severe anxiety attacks; and
  • Cognitive impairments.

The Plaintiff had also spent $80,000 in incidental medical expenses, partially out of Plaintiff’s own pocket. It is also worth noting that the Insurance Neurologist is aware of the Plaintiff’s injuries. Plaintiff’s injuries have also borne a heavy toll on the patenting and manufacturing of Plaintiff’s dental products.

From the foregoing, it is clear that the Plaintiff is entitled to an early monetary judgment in excess of the policy limits.

 

Respectfully submitted,

 

DATED: ——————

 

Respectfully submitted,

 

   
  SEAN RASHTI

PROPER

 

 

 

CERTIFICATE OF SERVICE

I hereby certify that on ———–, a copy of the foregoing document has been sent to the Defendant in the following address:

____via U.S. MAIL

____via OVERNIGHT DELIVERY SERVICE

____via FACSIMILE

____via E-MAIL

 

Dustin J. Lee, State Bar No. 270260

MARK R. WEINER & ASSOCIATES

Employees of the Law Department

State Farm Mutual Automobile Insurance Company

655 North Central Avenue, 12th Floor

Glendale, California 91203-1434

Telephone: (818) 543-4000 / FAX: (855) 396-3606

E-Mail Address: Cali.Law-Lee-D@statefarm.com

 

Dated: —————-

 

 

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SEAN RASHTI