AIDU HERTZ
54321 Victim Rd
Emerald City, California

Plaintiff

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

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE

Aima Hert,                       ) CASE NO. 	_________
                                 ) 		
          Plaintiff,             ) 
                                 ) ACTION FOR TRESPASS
              vs.                ) (VERIFIED)
                                 ) 
Ben Baad, and                    ) Judge:  Joe Jedge
                                 ) 
State of California,             ) Dept:   X666
                                 ) 
          Defendants.            ) 
                                 ) 
---------------------------------)------------------------------

CAUSE OF ACTION
1.  Aima Hert (hereinafter "Plaintiff") is one of the people of California, and in this court of record complains of Ben Baad (hereinafter "Baad"), and State of California (hereinafter "California"), who are each summoned to answer the said Plaintiff in a plea of trespass and trespass on the case, to wit:
2.  Baad is an adult licensed by California to drive a motor vehicle and to exercise all powers and authority implied by that license.  
3.  Baad's California driver license number is X9999999.  
4.  Baad is the driver in command of the motor vehicle (hereinafter "vehicle").  The California motor vehicle license number which appears on the State of California Traffic Collision Report (hereinafter Exhibit 1) is 9XXX999.  
5.  Exhibit 1 is incorporated by reference as though fully stated herein.
6.  California is the owner of the vehicle.  
7.  The nature of California's ownership is allodial.  California is the true holder of the Manufacturer's Statement of Origin ("MSO" or "allodial title").  
8.  California licenses and bails the vehicle for legal and registered ownership (not allodial ownership) 
9.  The vehicle is for use only by licensed drivers (bailees). 
10.  California is jointly and severally liable with Baad for the damages proximately resulting from Baad's actions. 
11.   California, according to Exhibit 1, an official report, is the licensor of Baad. 
12.  California, according to Exhibit 1, an official report, is the licensor of the vehicle.
13.  As licensor, California shows three significant characteristics which are admitted and mandated in California's secondary controlling rules, the California Vehicle Code: 
(a) California receives a direct financial benefit from California's immersion into the stream of commerce. 
(b) California receives a direct financial from bringing others' services, products, and actions into the stream of commerce.  
(c) California's role is integral to California's transportation business of bringing California's own and others' services, products, actions, and licensees into the stream of commerce; and 
(d) California has close operational non‑discretionary control over, or a substantial ability to influence, the production and distribution of said services, products, and actions. 
(e)  California actively micromanages at great but beneficial expense through several statewide and local agency organizations such as California Highway Patrol, and municipal agencies such as the city of Santa Ana.  
(f)  California effects the licenses through its various agencies such as the Business, Transportation and Housing Agency, Department of Motor Vehicles, and local police to assure high quality standards. 
(g)  California effects the licenses through its various agencies to assure both voluntary and involuntary participation in the stream of commerce.  
(h)  California's services, products, and actions include, but are not limited to, training programs, testing programs, licensed drivers, certificates of competency, investigations, reports, analyses, and close monitoring for quality assurance, all for the purpose of motor vehicle operation in the stream of commerce.
14.  At all times mentioned in this action Baad and California are each the agent and bailee of the other. 
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.
16.  On September 19, 2006, in the city of Santa Ana, County of Orange, California, Plaintiff Aima Hert duly travels on a bicycle eastward on a sidewalk parallel to the north side of 20th St.  
17.  By right, Plaintiff reasonably expects to proceed without injury, secure in his capacities.  
18.  Baad, drives the vehicle westward on 20th Street.  
19.  Baad turns right (northward) into a driveway crossing the sidewalk.  
20.  Baad does not yield the right of way to Plaintiff.  
21.  Baad, while controlling the vehicle, causes the vehicle to violently collide with Plaintiff, directly causing injuries to Plaintiff.  The injuries require ongoing medical treatment and therapy.  Of necessity, Plaintiff is now occasionally doing low-paying odd jobs despite the accompanying pain.
22.  Baad has a duty to not act in such a way as to cause injuries to Plaintiff.  
23.  The City of Santa Ana Police Department official Traffic 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. 
24.  The official administrative opinion by peace officer Copper is that, the collision occurred when Baad, was not looking where he was going. 
25.  Further, as Baad turned he failed to yield to plaintiff’s right of way. 
26.  Baad violated California Vehicle Code Section 22107.
27.  As a direct result of the actions of Baad, Plaintiff incurs medical and related expenses for treatment of permanent injuries.
28.   As a direct result of the actions of Baad, Plaintiff continues to incur medical and related expenses for treatment of permanent injuries.
29.  The medical and related expenses are for spinal compression and other joint and soft tissue injuries which may result in long term arthritic complications and may require long-term treatment.  
30.  Plaintiff does not know at this time the exact amounts of medical expenses that are incurring.  When Plaintiff has ascertained these amounts as well as the medical detail, Plaintiff will seek leave of court, orally or in writing, to amend this action.
31.  The damages to date for treatments and therapies are summarized as follows:
City of Mayberry	$   870.32
St. Joan Hospital	1,696.31
Millenium Chiropractic	5,608.00
Harbor Family Chiropractic Center	6,535.00
Spring Chiropractic	19,280.00
                        Total	$33,989.63
32.  As a further direct and legal result of the actions of Baad, Plaintiff's earning capacity is greatly impaired. 
33.  Plaintiff’s quality of life is permanently impaired:  no longer is there a very active life style nor participation in such sports as Aikido, tennis, swimming, skin diving, mountain climbing, and working out in a gym.  Plaintiff was injured in his health, strength, and activity, sustaining injury to his person, all of which injuries cause Plaintiff great mental, emotional, and physical pain and suffering.
COUNT 1 OF CAUSE OF ACTION
TRESPASS
34.  Paragraphs 1 through 33 of CAUSE OF ACTION are included by reference as though fully stated herein.
35.  By right, Plaintiff reasonably expects to proceed without injury, secure in his capacities.
36.  Baad has a legal duty to use due care. 
37.  Baad has a legal duty to not cause injury to Plaintiff.
38.  Baad breached that duty by proximately or directly, causing the injuries to Plaintiff.
39.  The damages claimed are all a result of the injuries. 
COUNT 2 OF CAUSE OF ACTION
TRESPASS ON THE CASE
VICARIOUS LIABILITY: MASTER-SERVANT RELATIONSHIP
40.  Paragraphs 1 through 33 of CAUSE OF ACTION are included by reference as though fully stated herein.
41.  Baad has a servant relationship with his master, California.  
42.  California requires that when driving a motor vehicle, the licensed driver in command must strictly follow the rules of the California Vehicle Code.  
43.  Any breach of the rules may result in citation and prosecution of the violator.  
44.  The master, by virtue of the relationship, necessarily maintains control (with plentiful assistance from its agents known as peace officers), whether direct or indirect, over the subject servant.  
45.  For purposes of this count, the terms "licensor," "master," "bailer," "lessor," "employer", "principal," "state," and "government agency" are analogous.  
46.  For purposes of this count, the terms "licensee," "servant," "bailee," "lessee," "employee," "agent," "citizen," and "subject" are analogous.  
47.  They are analogous because the chain of authority from master to servant creates a vicarious liability for the master; i.e. he assumes the mantle of responsibility and risk for the servant's actions while the servant is acting in the course of the master's normal expectations and directions.
48.  California has provided the rules, the California Vehicle Code, for Baad to obey.  That alone is not sufficient for vicarious liability.  
49.  However, California has chosen to be involved beyond the mere level of policy making.  
50.  California is intimately, operationally involved, with no discretionary authority, with every level of its licensee's actions as it relates to the operation of a motor vehicle.  
51.  Because California is in commerce, it is all the more liable:  by its own choice, every action by the Vehicle Code enforcement agents and California is described in micro detail in the Vehicle Code with no opportunity for the free exercise of policy-level discretion.
52.  In summary, California has a participatory connection for a personal profit or other benefit; 
53.  California is involved with injury‑producing services and products; 
54.  California is involved in the promotion and creation of demand for, and reliance on, its services; 
55.  California is involved in one or more interrelated and dependent links in the chain from creation to execution of the products and services.  
56.  California must necessarily assume the cloak of responsibility for its direct, operational, non‑discretionary involvement.
LAW OF THE CASE
57.  The Law of the Case, Exhibit 2, is incorporated by reference as though fully stated herein.
SIMPLEX DICTUM
58.  Power is never without responsibility. And when authority derives in part from Government's thumb on the scales, the exercise of that power by private persons becomes closely akin, in some respects, to its exercise by Government itself.
59.  The purpose of imposing vicarious liability is to insure the costs of injuries resulting from defective actions are placed on the source of the actions and others who make the actions possible rather than on injured persons who are powerless to protect themselves.  For a defendant, including a lessor, bailer or licensor, to be vicariously liable it must play an integral and vital part in the overall production and promotion activity so that the actor is in a position to affect others or, at the very least, it must provide a link in the chain of exposing the ultimate victim to the actor.  The vicariously liable Defendant must be in the business of controlling, leasing, bailing, or licensing the actors.
60.  For that cause of action therefore Plaintiff brings his suit.
WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, as follows:
On all counts:
61.  For costs of suit incurred and attorney’s fees;
62.  For special damages, namely medical and related expenses according to proof; said special damages to be apportioned by the court according to the source of each special damage until the claims are satisfied;
63.  For general damages computed as four times the special damages; said general damages to be delivered by the court to plaintiff after all special damages have been apportioned.
64.  For interest as suggested by California code; and
65.  For order to let execution issue, and 
66.  For such other and further relief as the court may deem proper.  
67.  I am Aima Hert.  I am the plaintiff in this case.  I have 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 correct, and that this declaration was executed in Tustin, California, on January 20, 2009.

Respectfully submitted

___________________________
Aima Hert