Case Facts
Peter Bennett
PO Box
523
Alamo
CA
94507
Telephone: (925) 705-1812
Facsimile: (000)
000-0000
In Pro Per
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
COUNTY
OF CONTRA COSTA-UNLIMITED JURISDICTION
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Pete Bennett
Plaintiff,
v.
Gary Collins, and DOES 1-20, inclusive,
Defendants.
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CASE NO.:
COMPLAINT FOR DAMAGES FOR ASSAULT, BATTERY, FALSE
IMPRISONMENT, TRESPASS TO REAL PROPERTY, TRESPASS TO
PERSONAL PROPERTY, CONVERSION AND INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS
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Plaintiff alleges:
GENERAL ALLEGATIONS
1. Defendant Gary Collins is an individual. Plaintiff Pete
Bennett is informed and believes that, at all times herein
mentioned, defendant Gary Collins was a resident of
Contra Costa County,
California.
2. Defendants Doe 1 through Doe 20, inclusive, are sued herein
under fictitious names. Their true names and capacities are
unknown to plaintiff. When their true names and capacities are
ascertained, plaintiff will amend this complaint by inserting
their true names and capacities herein. Plaintiff is
informed and believes and thereon alleges that each of the
fictitiously named defendants is responsible in some manner for
the occurrences herein alleged, and that plaintiff's damages as
herein alleged were proximately caused by those defendants. Each
reference in this complaint to ''defendant,'' ''defendants,'' or a
specifically named defendant refers also to all defendants sued
under fictitious names.
3. Plaintiff is informed and believes and thereon alleges that at
all times herein mentioned each of the defendants, including all
defendants sued under fictitious names, was the agent and employee
of each of the remaining defendants, and in doing the things
hereinafter alleged, was acting within the course and scope of
this agency and employment.
FIRST CAUSE OF ACTION
(Assault)
4. Plaintiff incorporates paragraphs 1 through 3 this Complaint as
if the same were fully stated herein.
5. On or about September 21, 2004, defendant Gary Collins came to
plaintiff Pete Bennett’s residence at
161 Valle Vista Drive in
Danville,
California. Defendant Gary Collins menacingly approached and yelled
threatening and offensive words at plaintiff, including threats of
death and bodily harm. Further, defendant Gary Collins
attempted to strike and did, in fact, strike plaintiff, thereby
inflicting bodily harm upon plaintiff.
6. In doing the acts as alleged above, defendant intended to cause
plaintiff an apprehension of a harmful or an offensive contact with
plaintiff's person.
7. As a result of defendant's acts as alleged above, plaintiff, in
fact, was placed in great apprehension of a harmful contact with
plaintiff's person.
8. At no time did plaintiff consent to any of the acts of defendant
alleged above.
9. As a proximate result of the acts of defendant as alleged above,
plaintiff suffered physical injuries to his elbow, shoulder, arm,
knee, leg and chest.
10. As a proximate result of the acts of defendant as alleged above,
plaintiff was hurt and injured in his health, strength, and
activity, sustaining injury to his nervous system and person, all of
which have caused, and continue to cause, plaintiff great mental,
physical, and nervous pain and suffering. As a result of these
injuries, plaintiff has suffered general damages.
11. As a further proximate result of defendant's acts, plaintiff has
been damaged in that he has been required to expend money and incur
obligations for medical services and treatment reasonably required
in the treatment and relief of the injuries herein alleged.
12. As a further proximate result of the acts of defendant,
plaintiff has incurred medical and related expenses.
13. Plaintiff is informed and believes that, as a further proximate
result of the acts of defendant, plaintiff will continue to incur
medical and related expenses.
14. As a further proximate result of the acts of defendant,
plaintiff was prevented from participating in his usual occupation
and thereby lost earnings to his damage.
15. Plaintiff is informed and believes that, as a further proximate
result of the acts of defendant, plaintiff's present and future
earning capacity has been impaired.
16. The aforementioned conduct of defendant was willful and
malicious and was intended to oppress and cause injury to plaintiff.
Plaintiff is therefore entitled to an award of punitive damages.
SECOND CAUSE OF ACTION
(Battery)
17. Plaintiff incorporates paragraphs 1 through 3 and 8 through
16 of this Complaint as if the same were fully stated herein.
18. On or about September 21, 2004, defendant Gary Collins came to
plaintiff Pete Bennett’s residence at
161 Valle Vista Drive in
Danville,
California. Defendant Gary Collins struck plaintiff with his hands on
multiple occasions and threw plaintiff to the ground.
Defendant Gary Collins pinned plaintiff to the ground by pressing
his knees into plaintiff’s chest while plaintiff was on his back on
the ground.
19. In doing the acts as alleged above, defendant acted with the
intent to make a contact with plaintiff's person.
THIRD CAUSE OF ACTION
(False Imprisonment)
20. Plaintiff incorporates paragraphs 1 through 3 and 9 through 16
of this Complaint as if the same were fully stated herein.
21. On or about September 21, 2004, defendant Gary Collins used
physical force and threats of violence, including death threats, to
confine plaintiff for a period of time, against his will and without
his consent. Following this period of detention, defendant
released plaintiff without charging him with any crime or taking him
before a magistrate.
22. Immediately prior to the acts of defendant herein alleged,
plaintiff had been peacefully working in the study in his residence,
located at
161 Valle Vista Drive in
Danville,
California.
23. Plaintiff did not steal, nor was he in the process of stealing,
any property belonging to defendant or anyone else, nor had he
committed any crime against defendant or anyone else.
24. In imprisoning plaintiff, defendant acted with deliberate malice
and for the purpose of harassing plaintiff and causing plaintiff
physical and emotional harm.
FOURTH CAUSE OF ACTION
(Trespass to Real Property)
25. Plaintiff incorporates paragraphs 1 through 3 and 9 through 16
of this Complaint as if the same were fully stated herein.
26. On or about September 21, 2004, defendant Gary Collins
intentionally entered a residence located at
161 Valle Vista Drive in
Danville,
California
of which plaintiff is the occupant and possessor.
27. Plaintiff did not give defendant permission for the entry and,
in fact, defendant entered plaintiff’s residence despite plaintiff’s
explicit demands for defendant to leave.
FIFTH CAUSE OF ACTION
(Trespass to Personal Property)
28. Plaintiff incorporates paragraphs 1 through 3 of this
Complaint as if the same were fully stated herein.
29. On or about September 21, 2004, defendant Gary Collins,
without plaintiff's consent, threw plaintiff into an antique table
owned by plaintiff.
30. In doing the acts above, defendant proximately caused damage
to said table. Plaintiff is informed and believes that the
cost to replace or repair said table is approximately $400.00.
31. The aforementioned conduct of defendant was willful and
malicious and was intended to oppress plaintiff. Plaintiff is
therefore entitled to an award of punitive damages.
SIXTH CAUSE OF ACTION
(Conversion)
32. Plaintiff incorporates paragraphs 1 through 3 of this Complaint
as if the same were fully stated herein.
33. At all times herein mentioned, and in particular on or about
September 21, 2004, plaintiff was, and still is, the owner and was,
and still is, entitled to the possession of the following personal
property, namely: an antique table.
34. Plaintiff is informed and believes that on or about September
21, 2004 and at
161 Valle Vista Drive in
Danville,
California, the property described above had an approximate value of
$400.00.
35. On or about September 21, 2004, defendant Gary Collins, without
plaintiff’s consent, intentionally damaged said antique table by
throwing plaintiff into it, all to plaintiff’s detriment.
36. The aforementioned conduct of defendant was willful and
malicious and was intended to oppress plaintiff. Plaintiff is
therefore entitled to an award of punitive damages.
SEVENTH CAUSE OF ACTION
(Intentional Infliction Emotional Distress)
37. Plaintiff incorporates paragraphs 1 through 36 of this Complaint
as if the same were fully stated herein.
38. Defendant’s actions of physically attacking plaintiff,
verbally intimidating plaintiff, damaging plaintiff’s personal
property and trespassing on plaintiff’s real property, as alleged in
this Complaint, were knowing, intentional, and willful, and done
with a reckless disregard of the probability of causing plaintiff
emotional distress.
39. As a proximate result of defendant’s conduct, as alleged
in this complaint, plaintiff suffered severe mental anguish and
emotional and physical distress, all to his general damages.
40. In acting in the manner described in this Complaint,
defendant’s conduct was malicious and oppressive, and was carried
out in willful and conscious disregard of plaintiff’s rights and
safety and subjected plaintiff to cruel and unjust hardship.
PRAYER FOR RELIEF
WHEREFORE, plaintiff Pete Bennett demands against defendants, and
each of them, as follows:
1. For general damages according to proof;
2. For medical and related expenses according to proof;
3. For lost earnings, past and future, according to proof;
4. For punitive damages;
5. For interest as allowed by law;
6. For costs of suit herein incurred; and
7. For such other and further relief as the court may deem
proper.
Dated:
________________________
Peter Bennett
In Pro Per
