1.

2.
AIDU HERTZ
3. 54321 Victim Rd
Emerald City, California
4.
Plaintiff
5.

6. [NOTE: The exhibits must contain all the evidence that is part of the
case.]
7.

8.

9.
SUPERIOR COURT OF CALIFORNIA
10.
COUNTY OF ORANGE
11.
Aima Hert, ) CASE NO. _________
12. )
Plaintiff, )
13. ) ACTION FOR TRESPASS
vs. ) (VERIFIED)
14. )
Ben Baad, and ) Judge: Joe Jedge
15. )
State of California, ) Dept: X666
16. )
Defendants. )
17. )
---------------------------------)------------------------------
18.

19.

20. CAUSE OF ACTION

21.

22. 1 Aima Hert (hereinafter "Plaintiff") is one of the people of

23. California, and in this court of record complains of Ben Baad

24. (hereinafter "Baad"), and State of California (hereinafter

25. "California"), who are each summoned to answer the said Plaintiff

26. in a plea of trespass and trespass on the case, to wit:

27.

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ACTION FOR TRESPASS
1.

2.

3. 2 Baad is an adult licensed by California to drive a motor

4. vehicle and to exercise all powers and authority implied by that

5. license.

6.

7. 3 Baad's California driver license number is X9999999.

8.

9. 4 Baad is the driver in command of the motor vehicle

10. (hereinafter "vehicle"). The California motor vehicle license

11. number which appears on the State of California Traffic Collision

12. Report (hereinafter Exhibit 1) is 9XXX999.

13.

14. 5 Exhibit 1 is incorporated by reference as though fully stated

15. herein.

16.

17. 6 California is the owner of the vehicle.

18.

19. 7 The nature of California's ownership is allodial. California

20. is the true holder of the Manufacturer's Statement of Origin

21. ("MSO" or "allodial title").

22.

23. 8 California licenses and bails the vehicle for legal and

24. registered ownership (not allodial ownership)

25.

26. 9 The vehicle is for use only by licensed drivers (bailees).

27.
10 California is jointly and severally liable with Baad for the

damages proximately resulting from Baad's actions.

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ACTION FOR TRESPASS
1.

2.

3. 11 California, according to Exhibit 1, an official report, is

4. the licensor of Baad.

5.

6. 12 California, according to Exhibit 1, an official report, is

7. the licensor of the vehicle.

8.

9. 13 As licensor, California shows three significant

10. characteristics which are admitted and mandated in California's

11. secondary controlling rules, the California Vehicle Code:

12.

13. (a) California receives a direct financial benefit from

14. California's immersion into the stream of commerce.

15.

16. (b) California receives a direct financial from bringing

17. others' services, products, and actions into the stream of

18. commerce.

19.

20. (c) California's role is integral to California's

21. transportation business of bringing California's own and others'

22. services, products, actions, and licensees into the stream of

23. commerce; and

24.

25. (d) California has close operational non-discretionary control

26. over, or a substantial ability to influence, the production and

27. distribution of said services, products, and actions.

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ACTION FOR TRESPASS
1.

2.

3. (e) California actively micromanages at great but

4. beneficial expense through several statewide and local agency

5. organizations such as California Highway Patrol, and municipal

6. agencies such as the city of Santa Ana.

7.

8. (f) California effects the licenses through its various

9. agencies such as the Business, Transportation and Housing Agency,

10. Department of Motor Vehicles, and local police to assure high

11. quality standards.

12.

13. (g) California effects the licenses through its various

14. agencies to assure both voluntary and involuntary participation

15. in the stream of commerce.

16.

17. (h) California's services, products, and actions include,

18. but are not limited to, training programs, testing programs,

19. licensed drivers, certificates of competency, investigations,

20. reports, analyses, and close monitoring for quality assurance,

21. all for the purpose of motor vehicle operation in the stream of

22. commerce.

23.

24. 14 At all times mentioned in this action Baad and California are

25. each the agent and bailee of the other.

26.

27. 15 In doing the things alleged in this action, Baad and

California each is acting within the course and scope of said

agency and bailment.

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ACTION FOR TRESPASS
1.

2.

3. 16 On September 19, 2006, in the city of Santa Ana, County of

4. Orange, California, Plaintiff Aima Hert duly travels on a bicycle

5. eastward on a sidewalk parallel to the north side of 20th St.

6.

7. 17 By right, Plaintiff reasonably expects to proceed without

8. injury, secure in his capacities.

9.

10. 18 Baad, drives the vehicle westward on 20th Street.

11.

12. 19 Baad turns right (northward) into a driveway crossing the

13. sidewalk.

14.

15. 20 Baad does not yield the right of way to Plaintiff.

16.

17. 21 Baad, while controlling the vehicle, causes the vehicle to

18. violently collide with Plaintiff, directly causing injuries to

19. Plaintiff. The injuries require ongoing medical treatment and

20. therapy. Of necessity, Plaintiff is now occasionally doing low-

21. paying odd jobs despite the accompanying pain.

22.

23. 22 Baad has a duty to not act in such a way as to cause injuries

24. to Plaintiff.

25.

26. 23 The City of Santa Ana Police Department official Traffic

27. Collision Report (Local Report Number 06-000000) (Exhibit-1) by

peace officer J. Copper #9999, on State of California Traffic

Collision Report form, details the statements of the parties.

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ACTION FOR TRESPASS
1.

2.

3. 24 The official administrative opinion by peace officer Copper

4. is that, the collision occurred when Baad, was not looking where

5. he was going.

6.

7. 25 Further, as Baad turned he failed to yield to plaintiff’s

8. right of way.

9.

10. 26 Baad violated California Vehicle Code Section 22107.

11.

12. 27 As a direct result of the actions of Baad, Plaintiff incurs

13. medical and related expenses for treatment of permanent injuries.

14.

15. 28 As a direct result of the actions of Baad, Plaintiff

16. continues to incur medical and related expenses for treatment of

17. permanent injuries.

18.

19. 29 The medical and related expenses are for spinal compression

20. and other joint and soft tissue injuries which may result in long

21. term arthritic complications and may require long-term treatment.

22.

23. 30 Plaintiff does not know at this time the exact amounts of

24. medical expenses that are incurring. When Plaintiff has

25. ascertained these amounts as well as the medical detail,

26. Plaintiff will seek leave of court, orally or in writing, to

27. amend this action.

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ACTION FOR TRESPASS
1.

2.

3. 31 The damages to date for treatments and therapies are

4. summarized as follows:

5.

6. City of Mayberry $ 870.32

7. St. Joan Hospital 1,696.31

8. Millenium Chiropractic 5,608.00

9. Harbor Family Chiropractic Center 6,535.00

10. Spring Chiropractic 19,280.00

11. Total $33,989.63

12.

13. 32 As a further direct and legal result of the actions of Baad,

14. Plaintiff's earning capacity is greatly impaired.

15.

16. 33 Plaintiff’s quality of life is permanently impaired: no

17. longer is there a very active life style nor participation in

18. such sports as Aikido, tennis, swimming, skin diving, mountain

19. climbing, and working out in a gym. Plaintiff was injured in his

20. health, strength, and activity, sustaining injury to his person,

21. all of which injuries cause Plaintiff great mental, emotional,

22. and physical pain and suffering.

23.

24. COUNT 1 OF CAUSE OF ACTION

25. TRESPASS

26.

27. 34 Paragraphs 1 through 33 of CAUSE OF ACTION are included by

reference as though fully stated herein.

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ACTION FOR TRESPASS
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2.

3. 35 By right, Plaintiff reasonably expects to proceed without

4. injury, secure in his capacities.

5.

6. 36 Baad has a legal duty to use due care.

7.

8. 37 Baad has a legal duty to not cause injury to Plaintiff.

9.

10. 38 Baad breached that duty by proximately or directly, causing

11. the injuries to Plaintiff.

12.

13. 39 The damages claimed are all a result of the injuries.

14.

15. COUNT 2 OF CAUSE OF ACTION

16. TRESPASS ON THE CASE

17. VICARIOUS LIABILITY: MASTER-SERVANT RELATIONSHIP

18.

19. 40 Paragraphs 1 through 33 of CAUSE OF ACTION are included by

20. reference as though fully stated herein.

21.

22. 41 Baad has a servant relationship with his master, California.

23.

24. 42 California requires that when driving a motor vehicle, the

25. licensed driver in command must strictly follow the rules of the

26. California Vehicle Code.

27.
43 Any breach of the rules may result in citation and

prosecution of the violator.

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ACTION FOR TRESPASS
1.

2.

3. 44 The master, by virtue of the relationship, necessarily

4. maintains control (with plentiful assistance from its agents

5. known as peace officers), whether direct or indirect, over the

6. subject servant.

7.

8. 45 For purposes of this count, the terms "licensor," "master,"

9. "bailer," "lessor," "employer", "principal," "state," and

10. "government agency" are analogous.

11.

12. 46 For purposes of this count, the terms "licensee," "servant,"

13. "bailee," "lessee," "employee," "agent," "citizen," and "subject"

14. are analogous.

15.

16. 47 They are analogous because the chain of authority from master

17. to servant creates a vicarious liability for the master; i.e. he

18. assumes the mantle of responsibility and risk for the servant's

19. actions while the servant is acting in the course of the master's

20. normal expectations and directions.

21.

22. 48 California has provided the rules, the California Vehicle

23. Code, for Baad to obey. That alone is not sufficient for

24. vicarious liability.

25.

26. 49 However, California has chosen to be involved beyond the mere

27. level of policy making.

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ACTION FOR TRESPASS
1.

2.

3. 50 California is intimately, operationally involved, with no

4. discretionary authority, with every level of its licensee's

5. actions as it relates to the operation of a motor vehicle.

6.

7. 51 Because California is in commerce, it is all the more liable:

8. by its own choice, every action by the Vehicle Code enforcement

9. agents and California is described in micro detail in the

10. Vehicle Code with no opportunity for the free exercise of policy-

11. level discretion.

12.

13. 52 In summary, California has a participatory connection for a

14. personal profit or other benefit;

15.

16. 53 California is involved with injury-producing services and

17. products;

18.

19. 54 California is involved in the promotion and creation of

20. demand for, and reliance on, its services;

21.

22. 55 California is involved in one or more interrelated and

23. dependent links in the chain from creation to execution of the

24. products and services.

25.

26. 56 California must necessarily assume the cloak of

27. responsibility for its direct, operational, non-discretionary

involvement.

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ACTION FOR TRESPASS
1.

2.

3. LAW OF THE CASE

4.

5. 57 The Law of the Case, Exhibit 2, is incorporated by reference

6. as though fully stated herein.

7.

8. SIMPLEX DICTUM

9.

10. 58 Power is never without responsibility. And when authority

11. derives in part from Government's thumb on the scales, the

12. exercise of that power by private persons becomes closely akin,

13. in some respects, to its exercise by Government itself.

14.

15. 59 The purpose of imposing vicarious liability is to insure the

16. costs of injuries resulting from defective actions are placed on

17. the source of the actions and others who make the actions

18. possible rather than on injured persons who are powerless to

19. protect themselves. For a defendant, including a lessor, bailer

20. or licensor, to be vicariously liable it must play an integral

21. and vital part in the overall production and promotion activity

22. so that the actor is in a position to affect others or, at the

23. very least, it must provide a link in the chain of exposing the

24. ultimate victim to the actor. The vicariously liable Defendant

25. must be in the business of controlling, leasing, bailing, or

26. licensing the actors.

27.
60 For that cause of action therefore Plaintiff brings his suit.

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ACTION FOR TRESPASS
1.

2.

3. WHEREFORE, Plaintiff prays judgment against Defendants, and each

4. of them, as follows:

5.

6. On all counts:

7.

8. 61 For costs of suit incurred and attorney’s fees;

9.

10. 62 For special damages, namely medical and related expenses

11. according to proof; said special damages to be apportioned by the

12. court according to the source of each special damage until the

13. claims are satisfied;

14.

15. 63 For general damages computed as four times the special

16. damages; said general damages to be delivered by the court to

17. plaintiff after all special damages have been apportioned.

18.

19. 64 For interest as suggested by California code; and

20.

21. 65 For order to let execution issue, and

22.

23. 66 For such other and further relief as the court may deem

24. proper.

25.

26. 67 I am Aima Hert. I am the plaintiff in this case. I have

27. personal knowledge of the foregoing facts and am competent to

testify as to the truth of these facts if called as a witness. I

declare under penalty of perjury that the foregoing is true and

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ACTION FOR TRESPASS
1.

2.

3. correct, and that this declaration was executed in Tustin,

4. California, on January 20, 2009.

5.

6. Respectfully submitted

7.

8.

9. ___________________________

10. Aima Hert

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

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ACTION FOR TRESPASS