Civil Complaint – Essaylink

 

Your supervising attorney, Neil Sapphire, asks you to draft a Complaint for a case of battery. The complaint will
be filed in California Superior Court. Neil gives you the notes for the case from his case file to work from:
Client: Rose Quartz
Rose Quartz lives in San Mateo, California. 35 years old. Her address is 222 Briar Street. Rose says that on
May 2 of this year, early afternoon, she was walking in a local San Mateo park, at the corner of Oak St. and
Poplar St., with her dog. A woman Rose knows from her church, Gail Dynamo, was riding her bike down the
sidewalk. Gail also lives in San Mateo (111 Fuego Ave.). Rose saw that Gail was riding her bike fast, and tried
to step out of her way. Gail almost hit Rose’s dog with her bike. Rose shouted “Hey” at Gail and Gail stopped.
Rose told Gail that she shouldn’t be riding her bike on the sidewalk. Gail called Rose a rude name, and Rose
shouted the same thing back at her. Gail then threw her stainless steel water bottle at Rose. The bottle hit
Rose in the face, and Rose fell back onto the pavement, falling hard on her wrist and arm. Gail rode away. A
friend drove Rose to the hospital—Rose required stitches, had a broken wrist and ongoing back pain.
Her medical bills are now over $15,000. Causes of Action: civil assault and battery (tort) claim. Damages:
amount to be determined at trial

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