Barron

FACTS AND PROCEDURAL HISTORY

Plaintiffs’ original complaint was filed on April 28, 2014. It described the setting of the accident as follows: “On or about August 1, 2012 at or about the hour 4:40 p.m., plaintiff Shelly Barron was operating her vehicle, with her passenger Vincent Barron, eastbound on Herndon Avenue in the number one (1) lane.” The accident took place on Herndon Avenue, “approximately 400 feet west of N. Cedar Ave., in the County of Fresno.” Allegedly, the accident occurred when plaintiffs’ vehicle “was forcibly rear- ended by a vehicle operated by defendant Gerald Galvin.” The original complaint and the first amended complaint were on Judicial Council form pleadings. Both were unverified pleadings. After the preliminary allegations of paragraphs 1–9, paragraph 10 of the form pleading allowed boxes to be checked for the particular causes of action that would be attached. In paragraph 10 of the original complaint, plaintiffs checked the boxes for: (1) “Motor Vehicle,” (2) “General Negligence” and (3) “Other (specify): Negligent Entrustment.” A separate cause of action form was attached for “Motor Vehicle,” which was numbered as the first cause of action. A separate…