Civil Complaint

  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