STATE OF NEW MEXICO › files › filed.complaint.pdf · 2020-04-04 · D-202-CV-2012-11346 Andrea Salas. 4. Defendant Ajaib Singh (a/k/a Ajaib Singh Malhi), on information and belief,

STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT ALAN RUHGA and STEPHEN PAULSEN, Plaintiffs,

v. No.: __________________________ AMANDEEP SINGH, AJAIB SINGH, a/k/a AJAIB SINGH MALHI, SARBJIT DHUDWAL, GURPREET SINGH, HARJIT SINGH GILL, GURPREET SINGH d/b/a CUSTOM CARRIERS, GURPREET SINGH CORPORATION, HSD TRUCKING, INC., d/b/a HSD TRUCKING, H.S.D TRANSPORT LLC, AJAIB SINGH d/b/a COMMANDER TRUCKING, AJAIB SINGH MALHI d/b/a COMMANDER TRUCKING, and COMMANDER TRANSPORT INC., d/b/a COMMANDER TRANSPORT. Defendants.

COMPLAINT TO RECOVER COMPENSATORY AND PUNITIVE DAMAGES FOR PERSONAL INJURIES FROM NEGLIGENT OPERATION OF A COMMERCIAL

MOTOR VEHICLE, RECKLESS OPERATION OF A COMMERCIAL MOTOR VEHICLE, NEGLIGENT HIRING, TRAINING, SUPERVISION, AND RETENTION,

NEGLIGENT OPERATION OF A TRUCKING COMPANY, RECKLESS OPERATION OF A TRUCKING COMPANY, RESPONDEAT SUPERIOR, VICARIOUS LIABILITY,

ALTER EGO, JOINT VENTURE, CIVIL CONSPIRACY, AND FRAUDULENT TRANSFER

Plaintiffs, Alan Ruhga and Stephen Paulsen, by and through counsel of record, Law

Office of Matthew Vance, P.C. (Matthew Vance) and for their Complaint states as follows:

I. JURISDICTION AND VENUE

1. Plaintiff Alan Ruhga is a resident of Modesto, California.

2. Plaintiff Stephen Paulsen is a resident of Granite Bay, California.

3. Defendant Amandeep Singh, on information and belief, is a resident of Fremont,

California.

FILED IN MY OFFICEDISTRICT COURT CLERK

12/10/2012 3:55:39 PMGREGORY T. IRELAND

D-202-CV-2012-11346

Andrea Salas

4. Defendant Ajaib Singh (a/k/a Ajaib Singh Malhi), on information and belief, is a

resident of Yuba City, California.

5. Defendant Sarbjit Dhudwal, on information and belief, is a resident of Chehalis,

Washington.

6. Gurpreet Singh, on information and belief, is a resident of Citrus Heights,

California.

7. Harjit Singh Gill, on information and belief, is a resident of Yuba City, California.

8. Upon information and belief and at the times material hereto, Gurpreet Sigh d/b/a

Custom Carriers was a business entity operating as an interstate trucking company and registered

with the Department of Transportation under DOT #1832382.

9. At the times material hereto, Gurpreet Sigh d/b/a Custom Carriers, has owned or

operated commercial motor vehicles on the roads of the State of New Mexico or is authorized to

operate commercial motor vehicles on the roads of the State of New Mexico.

10. Upon information and belief and at the times material hereto, Gurpreet Singh

Corporation was a corporation registered with the State of California, with a primary business

location in California, but conducting business across the United States as or in joint venture

with Custom Carriers, including the State of New Mexico, related to interstate trucking.

11. Upon information and belief and at all times material hereto, Gurpreet Singh is

the President of Gurpreet Singh Corporation and acted within the course and scope of his

employment and/or agency relationship.

12. Upon information and belief and at the times material hereto, HSD Trucking Inc.,

d/b/a HSD Trucking is a business entity with an address of 1137 Leonard Court, Yuba City,

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California, and operating as an interstate trucking company. HSD Trucking Inc. is registered

with the Department of Transportation under DOT #785607.

13. At the times material hereto, HSD Trucking Inc., d/b/a HSD Trucking, has owned

and operated commercial motor vehicles on the roads of the State of New Mexico or is

authorized to operate commercial motor vehicles on the roads of the State of New Mexico.

14. Upon information and belief, HSD Trucking Inc., is a corporation registered with

the State of California, with a primary business location at 1137 Leonard Court, Yuba City,

California, 95933, but conducting business across the United States as or in joint venture with

H.S.D Transport LLC, including the State of New Mexico, related to interstate trucking.

15. Upon information and belief and at the times material hereto, H.S.D Transport

LLC is a limited liability company registered with the State of California, with a primary

business location at 1137 Leonard Court, Yuba City, California, 95933, but conducting business

across the United States as or in joint venture with HSD Trucking Inc. (a/k/a HSD Trucking),

including the State of New Mexico, related to interstate trucking.

16. Upon information and belief and at the times material hereto, Ajaib Singh, d/b/a

Commander Trucking is a business entity operating as an interstate trucking company and

registered with the Department of Transportation under DOT #1998117.

17. At the times material hereto, Ajaib Singh, d/b/a Commander Trucking DOT

#1998117, has operated commercial motor vehicles on the roads of the State of New Mexico or

is authorized to operate commercial motor vehicles on the roads of the State of New Mexico.

18. Upon information and belief and at the times material hereto, Ajaib Singh Malhi,

d/b/a Commander Trucking is a business entity operating as an interstate trucking company and

registered with the Department of Transportation under DOT #2265374.

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19. At the times material hereto, Ajaib Singh Malhi, d/b/a Commander Trucking

DOT #2265374, has operated commercial motor vehicles on the roads of the State of New

Mexico or is authorized to operate commercial motor vehicles on the roads of the State of New

Mexico.

20. Upon information or belief and at all times material hereto, Commander Transport

Inc., is a corporation registered with the State of California, with a primary business location

Yuba City, California, but conducting business across the United States, including the State of

New Mexico, related to interstate trucking.

21. Upon information and belief and at all times material hereto, Harjit Singh Gill is

the President of Commander Transport Inc. and acted within the course and scope of his

employment and/or agency relationship.

22. Upon information and belief and at the times material hereto, Commander

Transport Inc., d/b/a Commander Transport is a business entity operating as an interstate

trucking company and registered with the Department of Transportation under DOT #1674419.

23. At the times material hereto, Commander Transport Inc. DOT #1674419, has

operated commercial motor vehicles on the roads of the State of New Mexico or is authorized to

operate commercial motor vehicles on the roads of the State of New Mexico.

24. The vehicle crash which gives rise to Plaintiffs’ claims hereunder occurred in the

County of Bernalillo, State of New Mexico.

25. This Court has jurisdiction over the parties and the subject matter of this action.

26. Venue is proper in this Court.

II. FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

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27. Plaintiffs incorporate by reference the previous paragraphs as though fully set

forth herein.

28. Plaintiffs have brought the present action against Defendants to hold them

responsible and accountable for their individual actions, as well as, their collective actions as part

of a business enterprise.

29. All Defendants, at all times material to the present action, were engaged in the

interstate trucking industry across the United States, including within the State of New Mexico,

and have acted in concert as part of a joint venture, civil conspiracy, or broader organization.

30. Plaintiffs’ claims arise from a vehicle crash which occurred on June 3, 2010, in

the City of Albuquerque, County of Bernalillo, State of New Mexico.

31. The crash occurred on Interstate 40, eastbound, at approximately milepost 148.

32. The crash occurred at about 3:20 p.m.

33. At the time of the crash weather and road conditions were dry and clear.

34. Alan Ruhga and Stephen Paulsen were driving eastbound on Interstate 40 in a

tractor-trailer unit.

35. Amandeep Singh was also driving eastbound on Interstate 40 in a tractor-trailer

unit.

36. At the time material hereto, Amandeep Singh’s commercial motor vehicle was in

a position behind the commercial motor vehicle occupied by Alan Ruhga and Stephen Paulsen.

37. Traffic ahead of both commercial motor vehicles slowed and stopped for traffic

ahead on the roadway.

38. Alan Ruhga slowed and stopped the commercial motor vehicle in which he and

Stephen Paulsen were riding.

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39. Alan Ruhga engaged his 4-way hazards flashers.

40. Amandeep Singh failed to notice the stopped traffic ahead in time.

41. Amandeep Singh failed to notice the 4-way flashers ahead in time.

42. Amandeep Singh crashed his commercial motor vehicle into the back of the

tractor-trailer unit occupied by Alan Ruhga and Stephen Paulsen.

43. Officer Jose Urbano, of Albuquerque Police Department, investigated the crash

and its causes.

44. Officer Jose Urbano completed a State of New Mexico Uniform Crash Report

following his investigation and recording his observations.

45. Officer Jose Urbano’s report records that Amandeep Singh was operating a

tractor-trailer displaying a Department of Transportation identification number of 785607.

46. HSD Trucking Inc., d/b/a HSD Trucking is assigned and operates under

Department of Transportation identification number of 785607.


vehicle on the roads of New Mexico insured by Praftorian [sic] Insurance Company with a

policy number of P0009108913.

48. At the times material hereto, Custom Carriers, (Gurpreet Singh d/b/a Custom

Carriers) was insured under a policy of insurance with Praetorian Insurance Company under

policy number P0009108913.

49. Officer Jose Urbano’s report records that the carrier name associated with the

commercial motor vehicle operated by Amandeep Singh was Ajaib Singh.

50. Officer Jose Urbano’s report records that the address for the carrier, Ajaib Singh,

was 735 Lask, Yuba City, California 95993.

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commercial motor vehicle on the roads of New Mexico owned by Ajaib Singh.

52. Officer Jose Urbano’s report records the address for owner Ajaib Singh was 735

Lask, Yuba City, California 95993.

53. Officer Jose Urbano’s report records the phone number for owner Ajaib Singh

was 530-682-6390.

54. The primary phone number for HSD Trucking Inc. (a/k/a HSD Trucking) is 530-

682-6370.

55. Amandeep Singh told Officer Jose Urbano that he tried to stop but he could not

do so in time because his load was too heavy.

56. Amandeep Singh told Officer Jose Urbano that he could not avoid hitting the

commercial motor vehicle occupied by Alan Ruhga and Stephen Paulsen and hit it.

57. Amandeep Singh was driving too fast for the conditions in existence on the

roadway.

58. Amandeep Singh was driving too fast given the weight of his load.

59. Amandeep Singh’s load was too heavy.

60. Amandeep Singh’s truck was overloaded.

61. Amandeep Singh failed to keep a proper look out.

62. Amandeep Singh was following too closely.

63. Amandeep Singh, at all times material hereto, was an employee, contractor or

agent of Defendant Custom Carriers (DOT #1832382).

64. In the alternative, Amandeep Singh, at all times material hereto, was an employee,

contractor or agent of Defendant Gurpreet Singh d/b/a Custom Carriers.

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contractor or agent of Defendant Gurpreet Singh Corporation.


contractor or agent of Defendant HSD Trucking Inc. d/b/a HSD Trucking (DOT #785607).

67. In the alternative, Amandeep Singh, at all times material hereto, was a partner,

employee, contractor or agent of Defendant H.S.D Transport LLC.

68. As a direct result of the impact, the commercial motor vehicle in which Plaintiffs

were riding was damaged.

69. As a direct result of the impact, the commercial motor vehicle which Amandeep

Singh was operating was damaged.

70. As a direct result of the impact, Plaintiffs were violently jolted about within their

vehicle.

71. As a direct result of the crash, Plaintiffs suffered physical injuries.

72. As a direct result of the crash, Plaintiff Alan Ruhga has suffered life-long, painful,

and disabling injuries.

73. As a direct result of the crash, Plaintiffs incurred reasonable and necessary

medical expenses.

74. As a direct result of the crash, Plaintiffs experienced pain and suffering.

75. As a direct result of the crash, Plaintiffs experienced a loss of enjoyment of life.

76. As a direct result of the crash, Plaintiffs experienced loss of income and/or loss of

earning capacity.

77. As a direct result of the crash, Plaintiffs suffered other damages to be proven at

trial.

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78. Defendants Gurpreet Singh d/b/a Custom Carriers, Gurpreet Singh Corporation,

HSD Trucking Inc., d/b/a HSD Trucking, H.S.D Transport LLC, Ajaib Singh d/b/a Commander

Trucking, Ajaib Singh Malhi d/b/a Commander Trucking, and Commander Transport Inc., d/b/a

Commander Transport are all inter-related businesses or alter egos of one another because of one

of more of the following:

a) they share common owner/operators,

b) they share common corporate officers,

c) they share common partners,

d) they share common members of board of directors,

e) they share or have common employees,

f) they share or have common drivers,

g) they share trucks and equipment,

h) they share common offices,

i) they share common facilities,

j) they share common phone numbers,

k) employees of one defendant company conduct the business of other defendant

companies, and

l) they have other financial ties or connections which demonstrate a joint venture,

civil conspiracy, or that they are alter egos of one another.

79. At times material hereto, Ajaib Singh has been an employee, agent, or officer of

Commander Trucking, (DOT #1998117).

80. Ajaib Singh is the same person as Ajaib Singh Malhi.

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81. At times material hereto, Ajaib Singh, a/k/a Ajaib Singh Malhi, has been an

employee, agent, or officer of Commander Transportation, (DOT #2265374).

82. At times material hereto, Ajaib Singh, a/k/a Ajaib Singh Malhi, has been an

employee, agent, or officer of Commander Transport, Inc., (DOT #1674419).

83. At times material hereto, Ajaib Singh, a/k/a Ajaib Singh Malhi, has operated the

same commercial motor vehicle for Commander Transportation, (DOT #2265374), and for

Commander Transport, Inc., (DOT #1674419).

84. At times material hereto, Sarbjit Dhudwal has been an agent, employee, or officer,

of Custom Carriers, (DOT #1832382).

85. At times material hereto, Sarbjit Dhudwal has been an officer, employee, agent, or

officer of HSD Trucking Inc., (DOT #785607).

86. At times material hereto, Sarbjit Dhudwal has been an officer, employee, agent, or

officer of H.S.D Trucking LLC.

87. Gurpreet Singh d/b/a Custom Carriers has conducted business at 1137 Leonard

Court, Yuba City, California 95993.

88. Gurpreet Singh d/b/a Custom Carriers retained records at 1137 Leonard Court,

Yuba City, California 95993.

89. Sarbjit Dhudwal has resided at 1137 Leonard Court, Yuba City, California 95993.

1137 Leonard Court, Yuba City, California 95993 is a residential address.

90. Sarbjit Dhudwal has conducted the business of Custom Carriers at 1137 Leonard

Court, Yuba City, California 95993.

91. Sarbjit Dhudwal has conducted the business of HSD Trucking Inc., a/k/a HSD

Trucking, at 1137 Leonard Court, Yuba City, California 95993.

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92. Sarbjit Dhudwal is the agent for service of process for HSD Trucking, Inc., with a

listed agent address of 1137 Leonard Court, Yuba City, California 95993.

93. Sarbjit Dhudwal is the agent for service of process for H.S.D Transport LLC, with

a listed agent address of 1137 Leonard Court, Yuba City, California 95993.

Sarbjit Dhudwal has also used the name of or been known by Sarbjit Singh.

94. In the alternative and upon information and belief, Sarbjit Dhudwal, Ajaib Singh,

HSD Trucking Inc., d/b/a HSD Trucking, H.S.D Transport LLC, Ajaib Singh d/b/a Commander

Trucking, Ajaib Singh Malhi d/b/a Commander Trucking, or Commander Transport Inc., d/b/a

Commander Transport are successors in interest to Defendants Gurpreet Singh d/b/a Custom

Carriers and Gurpreet Singh Corporation.

III. NEGLIGENCE (Defendant Amandeep Singh)


forth herein.

96. Defendant Amandeep Singh was driving a commercial motor vehicle on Interstate

40 at the time of the crash.

97. At all time material hereto, Defendant Amandeep Singh, a professional driver,

owed a duty to Plaintiff, as well as other motorists, to exercise reasonable care in the operation of

the commercial motor vehicle which he was operating.

98. Defendant Amandeep Singh failed to exercise reasonable care under the

circumstances in the manner or method of his driving, which resulted in the vehicle crash.

99. As a direct and proximate result Defendant Amandeep Singh’s breach of the duty

owed to Plaintiffs and others, Defendant Amandeep Singh caused, in whole or in part, the crash

which resulted in damages to Plaintiffs, including but not limited to compensatory damages past

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and future medical expenses, past and future pain and suffering, past and future loss of

enjoyment of life, past and future loss of income or earning capacity, damages of nature, extent,

and duration, and other damages to be proven at trial.

IV. NEGLIGENCE PER SE (Defendant Amandeep Singh)


forth herein.

101. Defendant Amandeep Singh owed a duty to follow local and federal law while

operating a commercial motor vehicle.

102. By acts, errors and omission in his driving or in regard to the maintenance or

servicing of the tractor-trailer he was driving, at all times material hereto, Defendant Amandeep

Singh violated numerous county, state, local, and federal laws. Defendant Amandeep Singh’s

violations include but are not limited to;

a) Failure to maintain a proper lookout,

b) Driver inattention,

c) Following too closely,

d) Driving in a careless manner, and

e) Driving with too heavy of a load.

103. Defendant Amandeep Singh violated the aforementioned applicable traffic laws

and generally drove in a negligent manner.

104. As a direct and proximate result Defendant Amandeep Singh’s violation of the

aforementioned legal duties, Defendant Amandeep Singh caused, in whole or in part, the vehicle

crash which resulted in damages to Plaintiffs, including but not limited to compensatory damages

past and future medical expenses, past and future pain and suffering, past and future loss of

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V. PUNITIVE DAMAGES (Defendant Amandeep Singh)


forth herein.

106. Upon information and belief, Amandeep Singh was operating his commercial

motor vehicle in a reckless manner and/or in knowing violation of local, state, and federal laws

and safety regulations.

107. Amandeep Singh’s recklessness included, but is not limited to, driving a poorly

maintained and unsafe vehicle, driving in violation of hours in service, driving an overloaded

vehicle, and driving in a reckless manner.

108. Amandeep Singh’s conduct in the present incident warrants an award of punitive

damages to punish Amandeep Singh and serve as a specific and general deterrent.

VI. VICARIOUS LIABILITY (Ajaib Singh, Ajaib Singh d/b/a Commander Trucking, Sarabjit Dhudwal, Custom

Carriers and/or HSD Trucking Inc., H.S.D Transport LLC) 109. Plaintiff incorporates by reference the previous paragraphs as though fully set

forth herein.

110. Upon information and belief and at all times material hereto, Defendant

Amandeep Singh was an employee, contractor or agent of Defendants Ajaib Singh, Ajaib Singh

d/b/a Commander Trucking, Sarabjit Dhudwal, Gurpreet Singh d/b/a Custom Carriers, HSD

Trucking Inc., and/or H.S.D Transport LLC.

111. Amandeep Singh, at all times material hereto, was acting within the course and

scope of his employment with Defendants Ajaib Singh, Ajaib Singh d/b/a Commander Trucking

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Sarabjit Dhudwal, Gurpreet Singh d/b/a Custom Carriers, HSD Trucking Inc., and/or H.S.D

Transport LLC, was working under the control of Defendant and in furtherance of the legitimate

business activities of Defendants.

112. Based upon federal laws and regulations, based upon principles of respondeat

superior, and theories of agency, Defendants Ajaib Singh, Ajaib Singh d/b/a Commander

Trucking Sarabjit Dhudwal, Gurpreet Singh d/b/a Custom Carriers, HSD Trucking Inc., and/or

H.S.D Transport LLC., are vicariously liable for the actions or inactions of Amandeep Singh.

113. Further, Defendants Ajaib Singh, Ajaib Singh d/b/a Commander Trucking

Sarabjit Dhudwal, Gurpreet Singh d/b/a Custom Carriers, HSD Trucking Inc., and/or H.S.D

Transport LLC., approved or authorized or ratified the negligent or reckless conduct of

Amandeep Singh.

VII. NEGLIGENT HIRING, TRAINING, SUPERVISION AND RETENTION (Gurpreet Singh, Gurpreet Singh d/b/a Custom Carriers, and/or Gurpreet Singh

Corporation)

114. Plaintiff incorporates by reference the previous paragraphs as though fully set

forth herein.

Upon information and belief and at all times material hereto, Defendant Amandeep Singh

was an employee, contractor or agent of Defendants Gurpreet Singh, Gurpreet Singh d/b/a

Custom Carriers, and/or Gurpreet Singh Corporation.

115. Defendants Gurpreet Singh, Gurpreet Singh d/b/a Custom Carriers, and/or

Gurpreet Singh Corporation were negligent in hiring, contracting of, training, supervision and

retention of Defendant Amandeep Singh.

116. Defendants Gurpreet Singh, Gurpreet Singh d/b/a Custom Carriers, and/or

Gurpreet Singh Corporations’ negligence includes but it not limited to:

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a. Inadequate screening of Defendant Amandeep Singh as a perspective

employee, independent contractor, or professional driver of a commercial motor

vehicle;

b. Inadequate management, training, and enforcement of policies regarding

vehicle operation and maintenance;

c. Placement or retention of Defendant Amandeep Singh as a vehicle or

tractor-trailer operator; and/or

d. Inadequate supervision of Defendant Amandeep Singh.

117. As a proximate result of Defendants Gurpreet Singh, Gurpreet Singh d/b/a

Custom Carriers, and/or Gurpreet Singh Corporation’s negligence in hiring, contracting with,

training, supervision and retention of Defendant Amandeep Singh, Plaintiff suffered damages

including but not limited to compensatory damages past and future medical expenses, past and

future pain and suffering, past and future loss of enjoyment of life, past and future loss of income

or earning capacity, damages of nature, extent, and duration, and other damages to be proven at

trial.

VIII. IN THE ALTERNATIVE, NEGLIGENT HIRING, TRAINING, SUPERVISION AND RETENTION

(Sarabjit Dhudwal, HSD Trucking Inc. d/b/a HSD Trucking, H.S.D Transport LLC)


forth herein.


contractor or agent of Defendants HSD Trucking Inc. d/b/a HSD Trucking (DOT #785607),

Sarabjit Dhudwal, and/or H.S.D Transport LLC.

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120. Defendants HSD Trucking Inc. d/b/a HSD Trucking (DOT #785607), Sarabjit

Dhudwal, and/or H.S.D Transport LLC., were negligent in hiring, contracting of, training,

supervision and retention of Defendant Amandeep Singh.

121. Defendants HSD Trucking Inc. d/b/a HSD Trucking (DOT #785607), Sarabjit

Dhudwal, and/or H.S.D Transport LLC.’s negligence includes but it not limited to:

a. Inadequate screening of Defendant Amandeep Singh as a perspective

employee, professional driver, or independent contractor;

b. Inadequate management, training, and enforcement of policies regarding

vehicle operation and maintenance;

c. Placement or retention of Defendant Amandeep Singh as a vehicle or

tractor-trailer operator; and/or

d. Inadequate supervision of Defendant Amandeep Singh.

122. As a proximate result of Defendants HSD Trucking Inc. d/b/a HSD Trucking

(DOT #785607), Sarabjit Dhudwal, and/or H.S.D Transport LLC.’s negligence in hiring,

contracting with, training, supervision and retention of Defendant Amandeep Singh, Plaintiffs

and suffered damages, including but not limited to compensatory damages past and future

medical expenses, past and future pain and suffering, past and future loss of enjoyment of life,

past and future loss of income or earning capacity, damages of nature, extent, and duration, and

other damages to be proven at trial.

IX. NEGLIGENCE (Ajaib Singh, Ajaib Singh d/b/a Commander Trucking)


forth herein.

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124. Defendant Ajaib Singh is identified as the owner of the commercial motor vehicle

operated by Amandeep Singh at the time of the subject crash.

125. Upon information and belief, Defendants Ajaib Singh and/or Ajaib Singh d/b/a

Commander Trucking, owned or leased or otherwise had a possessory interest in the commercial

motor vehicle driven by Amandeep Singh at the time of the subject vehicle crash.

126. As owner, leasor, or possessor of the vehicle, Defendants Ajaib Singh, Ajaib

Singh d/b/a Commander Trucking owed a duty of ordinary care and/or pursuant to local, state or

federal law, to maintain and ensure the safe operation of the vehicle.

127. Defendant Ajaib Singh breached his duty of ordinary care and/or his duty

pursuant to local, state, or federal law, including but not limited to:

a) entrustment of the commercial motor vehicle to Amandeep Singh,

b) hiring, training, supervising, and retaining Amandeep Singh,

c) maintenance of the commercial motor vehicle,

d) loading of the commercial vehicle,

e) licensing or permitting of the commercial motor vehicle,

f) training or supervision of Amandeep Singh, and

g) otherwise acting, encouraging, or failing to prevent Amandeep Sign from

violating local, state, and federal statutes and regulations, including but not limited to 49 C.F.R.

§§ 350 to 399.

128. As a proximate result of Defendants Ajaib Singh’s and/or Ajajib Singh d/b/a

Commander Trucking’s negligence in their obligations of ownership, possessory interest, and

maintenance, Plaintiffs suffered damages, including but not limited to compensatory damages

past and future medical expenses, past and future pain and suffering, past and future loss of

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X. IN THE ALTERNATIVE, NEGLIGENCE (HSD Trucking Inc. d/b/a HSD Trucking, H.S.D. Transport LLC, Sarabjit

Dhudwal)


forth herein.

130. Defendant HSD Trucking Inc., d/b/a HSD Trucking, is identified by reference to

DOT #785607 in Officer Jose Urbano’s Uniform Crash Report, recording the DOT number

under which Amandeep Singh was operating the commercial motor vehicle.

131. Upon information or belief and in the alternative, Defendants HSD Trucking Inc.,

d/b/a HSD Trucking, H.S.D Transport LLC, and/or Sarabjit Dhudwal owned or leased or

otherwise had a possessory interest in the commercial motor vehicle driven by Amandeep Singh

at the time of the subject vehicle crash.

132. As owner, leasor, or possessor of the vehicle, Defendants HSD Trucking Inc.,

d/b/a HSD Trucking, H.S.D Transport LLC, and/or Sarabjit Dhudwal owed a duty of ordinary

care and/or pursuant to local, state or federal law, to maintain and ensure the safe operation of

the vehicle.

133. Defendants HSD Trucking Inc., d/b/a HSD Trucking, H.S.D Transport LLC,

and/or Sarabjit Dhudwal breached its/their duty of ordinary care and/or its duty pursuant to local,

state, or federal law, including but not limited to:


b) maintenance of the commercial motor vehicle,

c) loading of the commercial motor vehicle,

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d) licensing or permitting of the commercial motor vehicle,

e) training or supervision of Amandeep Singh, and

f) otherwise acting, encouraging, or failing to prevent Amandeep Sign from


§§ 350 to 399.

134. As a proximate result of Defendant HSD Trucking Inc.’s, d/b/a HSD Trucking

H.S.D Transport LLC’s, and/or Sarabjit Dhudwal’s negligence in its obligations of ownership,

possessory interest, and maintenance, Plaintiffs suffered damages, including but not limited to

compensatory damages past and future medical expenses, past and future pain and suffering, past

and future loss of enjoyment of life, past and future loss of income or earning capacity, damages

of nature, extent, and duration, and other damages to be proven at trial.

XI. IN THE ALTERNATIVE, NEGLIGENCE (Gurpreet Singh, Gurpreet Singh d/b/a Custom Carriers, Gurpreet Singh

Corporation)


forth herein.

136. Insurance company and policy number providing coverage to Amandeep Sign at

the time of the crash were associated with a policy held by Gurpreet Singh d/b/a Custom

Carriers.

137. Upon information or belief and in the alternative, Defendants Gurpreet Singh,

Gurpreet Singh d/b/a Custom Carriers and/or Gurpreet Singh Corporation, owned or leased or

otherwise had a possessory interest in the commercial motor vehicle driven by Amandeep Singh

at the time of the subject vehicle crash.

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138. As owner, leasor, or possessor of the vehicle, Defendants Gurpreet Singh,

Gurpreet Singh d/b/a Custom Carriers and/or Gurpreet Singh Corporation owed a duty of

ordinary care and/or pursuant to local, state or federal law, to maintain and ensure the safe

operation of the vehicle.

139. Defendants Gurpreet Singh, Gurpreet Singh d/b/a Custom Carriers and/or

Gurpreet Singh Corporation breached its/their duty of ordinary care and/or its duty pursuant to

local, state, or federal law, including but not limited to:



c) loading of the commercial vehicle,

d) licensing or permitting of the commercial motor vehicle,




§§ 350 to 399.

140. As a proximate result of Defendants Gurpreet Singh’s, Gurpreet Singh d/b/a

Custom Carriers’s and/or Gurpreet Singh Corporation’s negligence in its/their obligations of

ownership, possessory interest, and maintenance, Plaintiffs suffered damages, including but not

limited to compensatory damages past and future medical expenses, past and future pain and

suffering, past and future loss of enjoyment of life, past and future loss of income or earning

capacity, damages of nature, extent, and duration, and other damages to be proven at trial.

XII. IN THE ALTERNATIVE, NEGLIGENCE (Sarbjit Dhudwal)

20


forth herein.

142. At all times material hereto, Defendant Sarbjit Dhudwal was the dispatcher for

Custom Carriers (DOT # 1832382) and/or was an employee or agent of HSD Trucking Inc.,

d/b/a HSD Trucking.

143. As part of his responsibilities for one or more of the Defendants, Sarbjit Dhudwal

dispatched or provided Amandeep Singh with the commercial motor vehicle which he was

driving at the time of the crash.

144. Sarbjit Dhudwal owed a duty of reasonable care in dispatching and/or providing

Amandeep Singh with a commercial motor vehicle.

145. Defendant Sarbjit Dhudwal breached his duty of ordinary care and/or its duty

pursuant to local, state, or federal law, including but not limited to:



c) loading of the commercial vehicle,

d) dispatching of the commercial motor vehicle,




§§ 350 to 399.

146. As a proximate result of Defendant Sarbjit Dhudwal negligence in its obligations

of ownership, possessory interest, and maintenance, Plaintiffs suffered damages, including but

not limited to compensatory damages past and future medical expenses, past and future pain and

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suffering, past and future loss of enjoyment of life, past and future loss of income or earning


XIII. PUNITIVE DAMAGES (Ajaib Singh, Ajaib Singh d/b/a Commander Trucking, Gurpreet Singh, Gurpreet Singh

d/b/a Custom Carriers, Gurpreet Singh Corporation, HSD Trucking Inc., d/b/a HSD Trucking, Sarabjit Dhudwal, H.S.D Transport LLC)


forth herein.

148. The actions of Defendants Ajaib Singh, Ajaib Singh d/b/a Commander Trucking,

Gurpreet Singh, Gurpreet Singh d/b/a Custom Carriers, Gurpreet Singh Corporation, HSD

Trucking Inc., d/b/a HSD Trucking, Sarabjit Dhudwal, H.S.D Transport LLC demonstrate a

conscious disregard for the rights and safety of Plaintiffs and other motorists.

149. Defendants Ajaib Singh, Ajaib Singh d/b/a Commander Trucking, Gurpreet

Singh, Gurpreet Singh d/b/a Custom Carriers, Gurpreet Singh Corporation, HSD Trucking Inc.,

d/b/a HSD Trucking, Sarabjit Dhudwal, H.S.D Transport LLC acted in such a reckless, willful,

and wanton manner as to justify an award of punitive and exemplary damages against them in an

amount to punish them for their egregious behavior and to deter others from acting in a like

manner in the future.

XIV. ALTER EGO AND CIVIL CONSPIRACY (All Defendants)


forth herein.

151. All Defendants set up, owned, operated, or otherwise participated in (including

but not limited to, as corporate officers, board members, principles, partners, employees,

independent contractors, drivers or otherwise) multiple and/or successive business enterprises

engaged in interstate trucking.

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152. Defendants Gurpreet Singh d/b/a Custom Carriers, Gurpreet Singh Corporation,

Sarabjit Dhudwal, HSD Trucking Inc., d/b/a HSD Trucking, H.S.D Transport LLC, Ajaib Singh,

Ajaib Singh d/b/a Commander Trucking, Ajaib Singh Malhi d/b/a Commander Trucking, and

Commander Transport Inc., d/b/a Commander Transport are all inter-related businesses or alter

egos of one another because of one of more of the following: they share common

owners/operators, they share common corporate officers, they share common partners, they share

common members of board of directors, they share or have common employees, they share or

have common drivers, they share trucks and equipment, they share common offices, they share

common facilities, they share common phone numbers, employees of one defendant company

conduct the business of other defendant companies, and they have other financial ties or

connections which demonstrate a joint venture, civil conspiracy, or that they are alter egos of one

another.

153. A conspiracy existed between all Defendants.

154. The purpose of the conspiracy was to engage in the business of interstate trucking

for profit.

155. The conspirators, by explicit agreement or concerted action, sought to increase

profits while knowingly or recklessly avoiding safety obligations under the Federal Motor

Carrier Safety Act.

156. The purpose or motive behind the actions of Defendants was to place profits

ahead of safety, and to avoid safety obligations under local, state and federal law.

157. As a matter of practice Defendants placed profits ahead of safety, were cited on

numerous occasions for safety violations by local and federal authorities, sought to avoid liability

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for crashes, and fines imposed by the Federal Motor Carrier Safety Administration for safety

violations.

158. The businesses set up, owned, operated, or otherwise participated in by all

Defendants had a practice and reputation of violating Federal Motor Carrier Safety Regulations,

including but not limited to, log book violations, hours of driving violation, false or duplicate log

books, and poor or no maintenance of owned or operated commercial motor vehicles.


Defendants were or are notorious for their poor safety rating with the Federal Motor Carrier

Safety Administration.


Defendants were operated recklessly.

161. The purpose behind the business entities and corporations was improper and

fraudulent.

162. Specific acts were carried out by one or more of the Defendants in furtherance of

the conspiracy.

163. As a proximate result of the actions of all Defendants in their business operations

and their conspiracy together, Plaintiffs suffered damages, including but not limited to

compensatory damages past and future medical expenses, past and future pain and suffering, past

and future loss of enjoyment of life, past and future loss of income or earning capacity, damages

of nature, extent, and duration, and other damages to be proven at trial.

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XV. JOINT VENTURE (All Defendants)


forth herein.

165. Defendants Armandeep Singh, Ajaib Singh (a/k/a Ajaib Singh Malhi), Gurpreet

Singh, Gurpreet Singh d/b/a Custom Carriers, Gurpreet Singh Corporation, Sarbjit Dhudwal,

Harbjit Singh Gill, HSD Trucking Inc., d/b/a HSD Trucking, H.S.D Transport LLC, Ajaib Singh

d/b/a Commander Trucking, Ajaib Singh Malhi d/b/a Commander Trucking, and Commander

Transport Inc., d/b/a Commander Transport are all inter-related businesses engaged in the

commerce of interstate trucking.

166. All Defendants worked together to perform a common purpose of operating a

business or engaging in the business of interstate trucking.

167. All Defendants had a proprietary interest in the ongoing business enterprises.

168. All Defendants had mutual rights of control, shared in the profits, and had a duty

to share in the losses.

169. Defendants shared business assets, business locations, phone numbers, equipment

and personnel.

170. As a proximate result of the actions of all Defendants in their negligent and

reckless business operations and their conspiracy together, Plaintiffs suffered damages, including

but not limited to compensatory damages past and future medical expenses, past and future pain

and suffering, past and future loss of enjoyment of life, past and future loss of income or earning


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XVI. NEGLIGENCE BY ALTER EGO, CO-CONSPIRATORY DEFENDANTS (Commander Transport Inc., Ajaib Singh Malhi d/b/a Commander Trucking)


forth herein.

172. Defendants Commander Transport Inc. and Ajaib Singh Malhi d/b/a Commander

Trucking as alter egos of the other defendants or as co-conspirators with the other defendants

owed duties of reasonable care pursuant to basic industry standards, local, state and federal law

in regard to their operations, including participation in interstate trucking.



owed a duty of ordinary care and/or pursuant to local, state or federal law, to maintain and ensure

the safe operation of the involved commercial motor vehicle.



breached their duty of ordinary care and/or their duty pursuant to local, state, or federal law,

including but not limited to:

a) hiring, training, supervising, and retaining Amandeep Singh and other

employees,

b) entrustment of the commercial motor vehicle to Amandeep Singh,

c) maintenance of the subject commercial motor vehicle,

d) loading of the subject commercial vehicle,

e) licensing or permitting of the commercial motor vehicle,

f) training or supervision of Amandeep Singh, and

26

g) otherwise acting, encouraging, or failing to prevent Amandeep Sign from


§§ 350 to 399.

175. Further and in particular regard, Ajaib Singh Malhi d/b/a Commander Trucking is

an alter ego of Ajaib Singh and Ajaib Singh d/b/a Commander Trucking.

176. As a proximate result of Defendants’ Commander Transport Inc. and Ajaib Singh

Malhi d/b/a Commander Trucking negligence in their obligations of ownership, possessory

interest, and maintenance, Plaintiffs suffered damages, including but not limited to compensatory

damages past and future medical expenses, past and future pain and suffering, past and future

loss of enjoyment of life, past and future loss of income or earning capacity, damages of nature,

extent, and duration, and other damages to be proven at trial.

XVII. PUNITIVE DAMAGES (All Defendants)


forth herein.

178. All Defendants, individually, collectively, and as co-conspirators, acted with

reckless, wanton, willful disregard for the rights and safety of others.


Defendants were operated with reckless disregard to the rights and safety of others, including but

not limited to Plaintiffs and other motorists.

180. Defendants’ conduct warrants an award of punitive damages to punish Defendants

and serve as a specific and general deterrent.

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XVIII. SUCCESSOR LIABILITY (Ajaib Singh Malhi d/b/a Commander Trucking)


forth herein.

182. Ajaib Singh Malhi d/b/a Commander Trucking is the successor business and mere

continuation of Ajaib Singh and Ajaib Singh d/b/a Commander Trucking and is therefore

responsible for all liabilities owed by Ajaib Singh and Ajaib Singh d/b/a Commander Trucking

and Amandeep Singh, and for all injuries sustained by Plaintiffs.

183. Ajaib Singh Malhi d/b/a Commander Trucking’s purchase or transfer of Ajaib

Singh’s or Ajaib Singh d/b/a Commander Trucking’s assets was a de facto merger and assumed

Ajaib Singh’s and/or Ajaib Singh d/b/a Commander Trucking’s obligations and therefore

responsibilities for all liabilities owed by Ajaib Singh and/or Ajaib Singh d/b/a Commander

Trucking, and Amandeep Singh for all injuries and damages caused Plaintiffs.

WHEREFORE Plaintiffs respectfully request relief from the Court as follows:

1. For Judgment of the Court against Defendants in an amount sufficient to

compensate Plaintiffs for the injuries and damages suffered in and as a result of the vehicle crash

complained of herein, including but not limited to, compensatory damages past and future

medical expenses, past and future pain and suffering, past and future loss of enjoyment of life,

past and future loss of income or earning capacity, damages of nature, extent, and duration, and

other damages to be proven at trial.

2. For an award of punitive damages sufficient to serve as a specific deterrent to

Defendants and as a general deterrent to deter others from acting in a similar reckless fashion.

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3. For an award of pre-judgment interest on all sums determined to be due Plaintiffs

from date of the Complaint until paid in full.

4. For all of Plaintiffs’ costs incurred herein to be reimbursed by Defendants.

5. For all such other and additional relief as the Court may deem appropriate in these

circumstances.

Respectfully submitted,

Law Office of Matthew Vance, P.C.

/s/ Matthew Vance By: Matthew Vance Attorney for Plaintiffs 1000 Second Street NW Albuquerque, NM 87102 (505) 242-6267 [email protected]

Documents

STATE OF NEW MEXICO › files › filed.complaint.pdf · 2020-04-04 · D-202-CV-2012-11346 Andrea Salas. 4. Defendant Ajaib Singh (a/k/a Ajaib Singh Malhi), on information and belief,