EXHIBIT EXHIBIT EXHIBIT A EXHIBIT A 

Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 1 of 12
Andrew R. Alex #003646 

Trysta M. Puntenney #029504 

2 ALEX & SAAVEDRA, P.C. . 1717 East Bell Road, Suite One 

. ~ 

3 Phoenix, Arizona 85022-6200 

Telephone: (602) 971-1775· 4 Facsimile: (602) 867-7833 

Email: andrew@asinjurylaw.com 

5 Email: trysta@asjnjuryfaw.com 

6 Attorneys for Plaintiff Frank Celaya 

7 IN THE SUPERIOR COURT OF THE STATE OF ARJZONA 

8 

IN AND FOR THE COUNTY OF MARJCOPA 

9. 

IO FRANK CELAYA, an individual, . 

9. z. 'J 

/: /() 

1~ 

Case No: II CV 201 7 -"0 5 4 6 6 9 · Plaintiff, 

12 . v. 

13 GEORGE LEE LEY and JANE DOE LEY, 

14 husband and wife; 'WESTERN EXPRESS, 

INC., a Tennessee corp~ration; ABC 

15 CORPORATIONS I-X; BLACK AND WIDTE 

16 

PARTNERSIDPS AND/OR SOLE 

PROPRlETORSHIPS 1-X, JOHN and JANE . 

11 DOES I-X; and JACK AND JILL DOES I-X, 

18 Defendants. 

SUMMONS 

• iii((~ legal cdvice from a lawyer, 

•.• ~ 1-.C.·.Nye; hetarral S-=:• v ..... ,, Jt 

602:·f57-4434 

or 

www .maricopalawyers.org 

Sponsored by the 

Maricopa county Bar Association 

19 

TO: &STERN EXPRESS, INZ) . 

20 

21 

22 

23 

NATIONAL REGISTERED AGENTS, INC., Statutory Agent 

2390 E. CAMELBACK lU). 

PHOENIX, AZ 85016 

YOU ARE HJ;,REBY SU1\11'v10NED and required to appear and defend, within the 

24 time applicable, in this action in this Court. If served within Arizona, you shall appear and 

defend within 20 days after.the service of the Summons and Complaint upon you, exclusive 25 

26 of the day of service. If served out of the State of Arizona, whether by direct service, by 

27 registered or certified mail, or by publication, you s.hall appear and defend within 30 days 

28 after the service of the Summons and Complaint on you is complete, exclusive of the day 

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Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 2 of 12
... 

of service. Where process is served upon the Arizona Director of Insurance as an insurer's 

2 attorney to receive service of legal process. against it in this State, the insurer shall not be 

3 required to appear, answer or plead until expiration of 40 days after the date of such service 

4 upon the Director. Service by publication is complete 30 days after the date of first 

5 publication. Direct service is complete when made. Service upon the Arizona Motor 

6 Vehic_le Superintendent is complete 30 days after filing the Affidavit of Compliance and 

7 return receipt of Officer's receipt. A.R.C.P. §20-222, §28-502 and §28-503. 

8 YOU ARE HEREBY NOTIFIED that in case of your failure to appear and defend 

9 within the time applicable, judgment by default may be rendered against y~m for the relief 

10 demanded in the Complaint. 

11 YOU ARE CAUTIONED that in order to appear. and defend you must file an 

12 Answer or proper response in writing with the Clerk of this Court, accompanied by the 

13 necessary filing fee, within the time.required. You are required to seive a copy of any 

14 Answer or response upon Plaintiffs attorney. Rule 5 and Rule lO(d), Arizona Rules of 

15 Civil Procedure, A.R.S. § 12-311. 

16 Requests for reasonable accommodation for persons with disabilities must be made 

17 to the division assigl)ed to the case by parties at least 3 judicial days in advance .of a 

I 8 scheduled court proceeding. 

19 

20 SIGNED AND SEALED tl;lis date: ________ _ 

21 

22 

23 , 

24 

25 

26 

27 

28 

CLERK OF THE COURT 

COPY By~~~EP 2_8~20~l7~~~ 

~I<· JEANES, CLE~K Y. BARRAZA n- -. ...... ...__... •: - .. : l' CL!:P.K 

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Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 3 of 12
.. , 

' ' 

Andrew R. Alex #003646 

Trysta M. Puntenney #029504 

2 ALEX & SAAVEDRA, P.C. 

1717 East Bell Road, Suite One 

3 Phoenix, Arizona 85022-6200 

Telephone: (602) 971·1775 · 4 Facs1mjje: (602) 867-7833 

Email: andrew@asinj urylaw .com 

s Email: trysta@asinjurylaw.com 

6 Attorneys for Plaintiff Frank Celaya . 

.copy .. .,.. • ·.Ii· r ·:~.: · 

~ I' f; ''" . .. ~· 

SEP 2 8 2017 '\' 

,. 

MICHAEL IC. JEANES CLERK 

_r. ,8ARRAZA. ::P~'!!' CLERK 

7 

8 

IN THE SUPERIOR COURT OF THE ST ATE OF ARlZONA 

IN AND FOR THE COUNTY OF MARICOPA 

9 

zo FRANK CELAYA, an individual, 

Case No. II 

Plaintiff, CV 201 7 _: 0 5 4 6 6 9 

12 v. 

13 GEORGE LEE LEY and JANE DOE LEY, 

14 husband ~d wife; WESTERN EXPRESS, 

INC., a Tennessee corporation; ABC 

15 CORPORATIONS I-X; BLACK AND WHITE 

PARTNERSHIPS AND/OR SOLE 16 PROPRIETORSHIPS l-X: JOHN and JANE 

17 DOES l-X; and· JACK AND TILL DOES 1-X, 

18 Defendants. 

COMPLAINT 

(Tort- Motor Vehicle) 

(Jury Trial Requested) 

19 Plaintiff Frank Celaya, by and tluough her undersigned counsel, as and for his 

20 Complaint against Defendants alleges as follows: 

21 JURISDICTION AND VENUE 

.. 

· 22 I. At all times material hereto, Frank Celay~ was a resident of the State of Arizona, 

23 County of Maricopa. 

24 2. At all times material hereto, Defendant Western Express, Inc. ("West.em 

25 Express"), was a Tennessee company authorized to and doing business :under the laws of 

26 the State of Arizon!i that caused events to occur in Maricopa County~ Arizona, out of 

27 which these claims arise, such that this Court has jurisdiction over this Defendant. 

28 3. At all times material hereto, Defendant George Lee Ley·was a resiQent of El Paso 

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Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 4 of 12
' (\ 

l 

· .. .. ... . , . ··~ ... · .-..... .,'. 

County,_State of Texas, who acted in his individual capacity and on behalf of his marital 

2 cominunity, caused an automobile collision to occur in Maricopa County! State of 

3 Arizona, out of which these claims·arise, such that this Court has jurisdiction over him 

4 and Jane Doe Ley. · 

5 4. Upon information and belief, Defendant Western Express was the owner of the 

6 vehicle Defendant Geoi;ge Ley was operating on February 23, 2017, that caused events to 

.. . 

7 occur in Maricopa County, Arizona, out of which these claims arise, such that thi~ Court 

8 has jurisdiction over this Defendant. 

9 5. At all times material hereto, Defendant George Ley was the apparent, ostensible, 

"10 implied or express agent of; or was employed by, Defendant Western Express and was 

11 acting within the course and scope of said employment or agency when the acts 

12 complained of herein were corrunitted, such that the aforementioned Defendants are 

J3 vicariously liable for his misconduct pursuant to the doctfin€'. of respondeat superior. 

14 6. The Defendants sued herein as ABC Corporations I-X~ is/are the owner(s), agent(s), 

15 dba(s), servant(s), wholly owned subsidiary(ies), managing partner(s) and/or corporate 

16 parei:lt(s) of the entity that owned the vehicle Defendant George Ley was driving at the 

17 time of the.subject collision, and/or employ Defendant George Ley who was acting in the· 

18 scope of hi~ employment at the time ofrhe collision, as ~uch, is/are liabl~ f~r the actions of 

19 said Defendant. All said fictitious Defendants are believed to be authorized to do business 

. . 

20 in the State of Arizona. Plaintiff will request leav.e of the Court to insert the true names of 

21 these unknown Defendants as their identities are learned in the course of discovery. 

22 7. The Defendants .sued herein as Black and White Partnerships an~/or s·ole 

23 Proprietorships. I-X, is/are the owner(s), agent(s), dba(s), servant(s), wholly owned 

24 subsidiary(ies), managing partner(s) and/or corporate. parent(s) that owned the vehicle 

2~ Defendant George Ley was driving at the time of the subject collision, and/or employ 

' 

26 Defendant George Ley who was acting in the scope of his employment at the time of the 

21 collision, as such, is/are liable for the actions of said Defendant. All said fictitious 

28 Defendants are believed to be authorized to do business in the State of Arizona. Plaintiff 

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•. 

Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 5 of 12
will request leave of the Court to insert the true names of these unknown Defendants as 

2 their identities are learned in the course of discovery. 

3 8. The Defendants sued herein as John and Jane Does I-X, are agents or employees of 

4 Defendant Western Express who, while acting in the course and scope. of their 

s agency/employment or in their individual capacities, participated in the acts and omissions 

6 out of which these c~aims arise, or caused or contributed to the damages alleged herein, 

7 such that this court has jurisdiction over these fictional Defendants. Plaintiff vyill request 

8 leave of the Court to insert the true names· of these unknown Defendants as their identities 

9 are learned in the course of discovery. 

10 9 .. The Defendants sued herein as Jack and Jill Does I-X, is/are the owner(s) or agent(s) 

11 of the owners that owned the vehicle Defendant George Ley was driying at the time of the 

12 subject collision, and/or employ Defendant George Ley who was acting in the scope of his 

13 ernployn_ient at the i~e of the collision, as such, is/are liable for the actions of said 

14 Defendant". All said fictitious Defendants are believed to have participated in the acts and 

· 15 omissions out of which these claims arise, or caused or contributed to the damages alleged 

16 herein, such that this court has jurisdiction over these fictional Defendants. Plaintiff will 

17 request leave of the Court to insert the true names of these unknown Defendant~ ~s th~ir 

18 identities are learned in the course of di~covery. 

19 IO.At all times mentioned herein, each Defendant mentioned herein may have been 

20 acting on concert, both as an agent and a principal, for an on behalf of all Defendants, thus 

21 making all Defendants jointly and severally liable for the dar:riages alleged hereU:. 

22 11. Venue is proper in this Court. 

23 

24 GENERAL ALLEGATIONS 

25 12.0n or-about February 23, 2017, at approximately, lO:OO·p.m., Plaintiff Prank 

26 Celaya was driving a black Nissan Sentra, headed north on 51 st A venue towards 

27 Roosevelt Street. 

28 13. When Mr. Celaya's vehicle entered the intersection of 5pt Avenue and Roosevelt . 

Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 6 of 12
r.~ • 

Street> Defendant George Ley, headed south on 51 sr Avenue in a white Freightliner truck 

2 (semi), failed to yield to Mr. Celaya's ·vehicle while attempting to make a left-hand turn 

3 onto west Roosevelt Street, causing an impact betw~en the two vehicles. 

4 14. At the time of the collision the weather was clear and the asphalt road was dry. 

5 IS.Defendant George Ley owed a duty to Frank Celaya to drive his vehicle in a 

6 reasonable and prudent manner, ·to avoid collisions, and to protect others from 

1 unreasonable risks of harm. 

8 16. Defendant George Ley breached ·his duties owed to Frank Celaya by failing to 

9 exercise reasonable ~are, driving inattentively, and failing to yield to Frank Celaya's 

10 vehicle and control the speed of his vehicle to avoid a collision. 

11 17. A.R.S. § 28-772 is an Arizona Statute enacted for the protection of a class of 

12 persons of which Frank Celaya is a member, which mandates the driver of a vehicle 

13 within an intersection intending to turn to the left shall yield the right-of-way to a vehicle 

14 that is approaching from the opposite direction and that is within the intersection or so 

15 close to the intersection as'to constitute an immediate hazard. 

16 18. A.R.S. § 28-70 l(A) is an Arizona Statute enacted for the protection of a class of 

17 persons of which Frank Celaya is a member~ which prohibits a driver to drive a vehicle 

18 on a highway at a speed greater than is reasonabl~ and prudent under the circumstances, 

19 conditions, and actual and potential hazards then existing. · 

20 19. A.R.S. § 28-70 l(A) mandates that a driver control the speed of a vehicle as 

21 necessary to avoid colliding with any object, person, vehicle or other conveyance on, 

22 entering or adjacent to the highway in compliance with legal requirements and the duty of 

23 all persons to exercise reasonable care for the protection of others. ) 

24 20.Defendant George Ley's failure to yield to Frank Celaya's vehicle, control his 

25 speed, and drive attentively to avoid,colliding with Frank Celaya's vehicle constitutes a . ..-

26 violation of A.R.S. § 28~70l(A)> thereby rendering Defendant George Ley negligent and 

27 negligent per se. 

28 21. But for Defendant George Ley's negligence and/or negligence per se, this 

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Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 7 of 12
collision would not have occurred and Frank Celaya would not have suffered the injuries 

2. and damages alleged. in this Complaint. 

3 22.As a direct and proximate result of Defendant George Ley's negligence and/or 

4 negligence per se, Frank Celaya has incurred and will incm in the futme physical and 

5 emotional harm, medical expenses, loss of wages, pain, suffering, inconvenience, 

6 aggravation, and other general and special damages in an amount to be proven at trial. 

7 WHEREFORE, Frank Celaya requests this Court enter ju~gment in his favor and 

8 against D~tendants as follows: . 

9 

10 

]'] 

12 

13 

14 

15 

16 

. 17 

18 

19 

20 . 

21 

22 

23 

24 

25 

26 

27 

28 

.. 

I. For Pl~tiff s general and special damages in an amount to be .proven at 

. trial; and, 

2. For such other and further relief as this Court may deem just and proper. 

RESPECTFULLY SUBMI'~TED this().. L day of September, 2017. 

ALEX & SAAVEDRA 

.. ' .. ./ 

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Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 8 of 12
I, 

. . 

Andrew R. Alex #003646 

Trysta M. PWltenney #029504 

2 ALEX & SAAVEDRA, P.C. 

1717 East Bell Road, Suite One 

3 · Phoenix, Arizona 85022-6200 

Telephone: (602) 971-1775 

4 Facsimile: (602) 807-7833 

Email: andrew@asinjurylaw.com 

5 Email: trysta@asinjurylaw.com 

6 Attorneys for PlaintiffFnink Celaya 

: 

.. 

. COPY ... ~~ 

• ·:.•.i· 

: : :!~ .·· .. ~ 

SEP 2 8 2017 . ; 

" 

® MICHAEL IC, JEANES, CLERK 

V,fJARRAZA 

~PIJ T't' CLEFfK 

7 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

8 

IN AND FOR THE COUNTY OF MARICOPA 

9 

to FRANK CELAYA, an individual, 

Case No. 

11 Plaintiff, CV 201 7 - 0 5 4 6 6 9 

12 v. CERTIFICATE OF COMPULSORY 

13 GEORGE LEE LEY and JANE DOE LEY, ARBITRATION 

14 husband and ·wife; WESTERN EXPRESS, 

INC., a Tennessee corporation; ABC 

15 CORPORATIONS 1-X; BLACK AND WHITE 

P ARTNERSHlPS AND/OR SOLE 

16 PROPRIETORSHIPS I-X, JOHN and JANE 

11 DOES I~X; and JACK AND JILL DOES I-X, 

18 Defendants. 

19 The undersigned certifies that the large.st award sought by the Plaintiff, including 

20 pWlitive damages, but excluding interest, attorney's fees, and costs does exceed the limits 

21 set by local rule for compulsory arbitration. This case is not subject to the Arizona Ru.les 

22 of Civil Procedure regarding Arbitration. 

23 RESPECTFULLY SUBMITTED thi~E. day of September, 2017. 

24 

ALEX & SAAVEDRA 

25 

26 

27 

28 

I 

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Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 9 of 12
Integrity Attorney Services 

P.O. Box 33123 

Phoenix, Arizona 85067-3123 

f[A.s#: 

~tty#: Celaya/Ley 

64578 

C PY 

OCT @3· 2017 

MICHAEL K. JEANES CLERK 

J. LEWIS ' 

DEPUTY ClEFlK 

IN THE SUPERIOR COURT OF THE STATE OF 

ARIZONA IN AND FOR THE COUNTY OF MARICOPA 

FRANK CELAYA, 

Plaintiff( s ), 

vs. 

,_:.GEORGE LEE LEY, et al, 

Defendant( s ). 

Case No. CV2017-054669 

AFFIDAVIT OF 

SERVICE OF PROCESS 

JOSEPH BEACOM, being duly sworn, states: That I am qualified to serve process in this cause, having been 

so appointed by the court in Maricopa County, Arizona. I received the follo~ing documents in this action: 

SUMMONS; COMPLAINT; CERTIFICATE OF COMPULSORY ARBITRATION 

From ALEX & SAAVEDRA, P.C, Trysta M. Puntenney, SBN 029504 on 9/28/2017, and in each instance I, 

personally, served a copy of each document listed above on those named below at the time and place shown, 

that all services, except where noted, were made within Maricopa County, Arizona. 

Upon WESTERN EXPRESS, INC, by service upon its Statutory Agent, NATIONAL REGIST ED 

AGENTS, INC, at 3800 N. Central Ave, Ste. 460, Phoenix, Arizona 85012, on 9/29/2017 :10 PM, by 

leaving one set of the above listed documents with Scott Whaley, Clerk, who stated · authorized to accept. 

// 

SUBSCRIBED AND SWORN to me this 29th day of/11ber, 2017. 

Notary Public: --~Z~~ 

Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 10 of 12
!l'!\NDER: COMPLETE THIS SECT/~ 

• Complete items 1, 2, and 3. 

• Print your name and address on the reverse 

so that we can return the card to you. 

• Attach this card to the back of the mailpiece, 

or on the front if space permits. 

1. Article Addressed to: 

- - ~c;::I Agent 

DAddressee 

C. Date of Pelivery 

D. Is delivery address different from item 1? D Yes 

If YES, enter delivery address below: D No 

3. Service Type o Priority Mail Express® 

D Adult Signature D Registered MailTM 

D ult Signature Restricted Delivery D Registered Mail Restricted 

Certified-Mail® Delivery 

O Certified Mall Restricted Delivery ~m Receipt for 

D Collect on Delivery Merchandise --=2..-_...,Art...,...ic..,.,!~-:~--u_m_be_r-:-m,.._ran-ste""'r-__ ~-ro-m-__ -se-_ry,_J_ce_l_'abe ___ Q ___ -__ -_ --'"'-l D Collect on Delivery Restricted Delivery D Signature ConfirmationTM 

-- - D Insured Mail D Signature Confirmation 

7 D 16 3 0 1 0 0 0 0 0 8 811 6 516 D Insured Mail Restricted Delivery Restricted Delivery (over$500) 

PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt'.~f - - ;? 

Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 11 of 12
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cO $ i cO f:;;,Ex=tr-,a s=e-,rvi=ce-s &oiF;;::.ee-::-::'s~~--,,,.,,---:::cc==-f ~etum Receipt (hardcopy) 

CJ 0 Return Receipt (electronic) $ 

D Ocertlfied Mail Restricted Delivery $ ----

,Cl 0AduitSignaturoRequired $ ___ _ 

CJ LJ0~A~d~ult~Sig~na~tu~reR~es~tri~cte~d~De~li~~~~$========-I 

CJ Postage 

.-=I ~-.-=-=:c:--::-.==::---------1 Cl 

Postmark 

Here 

, rn f;-~-:::::i;:.._;;_ __ .=-.-:----'--------'---, 

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: .-=I [.;;#?~:~1~;;';i}i;;;;AIJ;;.:' 'CJ 

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1717 East Bell Road 

Suite 1 

Phoenix, AZ 85022 111 l 111111 I 11 

7016 3010 DODO 8811 6516 

George Ley 

Jane Doe Ley 

11592 S. Spencer Dr. 

El Paso, TX 79936 

Case 2:17-cv-03945-SPL Document 1-1 Filed 10/26/17 Page 12 of 12