PLAINTIFF’S ORIGINAL COMPLAINT

IN THE XXX DISTRICT COURT

NORTHERN DISTRICT OF  XXX

 

XXX     §

Plaintiff,     §

  1.     § Case No.

CAR AUDIO SPECIALTIES     §

Defendant.     §

 

PLAINTIFF’S ORIGINAL COMPLAINT

NOW COMES XXX, Plaintiff, complaining of Defendant, Car Audio Specialties, and for cause would show the Honorable Court as follows:

  • NATURE OF THE ACTION
  1. This is an action brought by Plaintiff against Defendant for the damage that occurred to Plaintiff’s vehicle after he took it to Defendant.
  2. Plaintiff alleges that Defendant’s acts or omissions caused damage to his vehicle. For this cause of action and others discussed herein, Plaintiff seeks compensation.

  • PARTIES
  1. Plaintiff XXX is a male adult of sound mind and a resident of XXX.
  2. Defendant Car Audio Specialties is a business that deals with stereo installation as well as the installation of window tinting, car security and remote start equipment. Its address is XXX.

  • JURISDICTION AND VENUE
  1. Jurisdiction exists in this court pursuant to Civil L.R. 1-2(a).
  2. Venue is proper in this court because the causes of action occurred within the Northern District of California.

  • FACTS
  1. On __ XXX, Plaintiff took his vehicle, a KIA Optima, so that Defendant could install a stereo system and backup camera.
  2. Defendant installed a stereo system and backup camera as instructed by Plaintiff. 
  3. On XXX, Plaintiff’s vehicle caught fire. 
  4. Plaintiff reached out to KIA Motors and they sent an assessor to investigate the fire.
  5. The investigation revealed that the area of origin of the fire was aftermarket wiring installed for stereo equipment and a backup camera, both of which were done by Defendant.

  • PARTICULARS OF DEFENDANT’S NEGLIGENCE
  1. Plaintiff realleges and incorporates paragraphs 1-11 above.
  2. The burden of proof is on Plaintiff to show this Honorable Court that Defendant owed Plaintiff duty of care; that Defendant breached that duty of care; and that Plaintiff suffered as a result of the breach of duty of care by Defendant.
  3. California Civil Code Section 1714(a) imposes general duty of care as follows:

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

  1. Defendant is responsible for injury occasioned to Plaintiff by Defendant’s want of ordinary care or skill in the installation of the stereo equipment and the backup camera.
  2. In Rowland v Christian (1968) 69 Cal. 2d 108, the California Supreme Court held that people are legally obligated to prevent foreseeable harm to others when it is reasonable for them to do so. 
  3. Defendant is a legal person. Defendant had the legal obligation to prevent foreseeable harm to Plaintiff’s vehicle during installation of the stereo equipment and backup camera. This legal obligation amounts to duty of care.
  4. Defendant breached duty of care by improper installation of the stereo equipment and backup camera. Defendant did not install the stereo equipment and backup camera in a manner that would prevent foreseeable harm to Plaintiff’s vehicle.
  5. As a result of Defendant’s breach of duty of care, Plaintiff’s vehicle caught fire. The assessment by KIA Motors revealed that the area of origin was the stereo equipment and backup camera that had been installed by Defendant.
  6. Plaintiff would like to recover damages against Defendant for Defendant’s breach of duty of care to prevent foreseeable harm to Plaintiff’s vehicle during installation of the stereo equipment and backup camera.

  • PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the following reliefs:

  1. Award Plaintiff costs of repairing his vehicle in the sum of $_____;
  2. Award Plaintiff punitive damages;
  3. Costs of this suit;
  4. Pre and post judgment interests;
  5. Such equitable relief as may be appropriate under the circumstances; and
  6. Award such further relief as this Honorable Court deems necessary and proper.

 

Respectfully Submitted,

______________________________

XXX

Insert Phone Number

Insert Email

VERIFICATION

I, XXX, being duly sworn depose and say that I am the Plaintiff in the above entitled action, that I have read the foregoing Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this the _____ day of ____________________, XXX.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

(Name of Attorney), Attorney at Law

 

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