Northern California Record

Friday, November 15, 2019

San Francisco resident alleges man struck him with fists, heavy weapon on sidewalk

Lawsuits

By Jenie Mallari-Torres | Feb 18, 2019

Medical malpractice 02

SAN FRANCISCO – A San Francisco man has filed suit against two other San Francisco residents over an alleged assault.

Joncarlo Gutierrez filed a complaint on Jan. 31 in the San Francisco County Superior Court against David Maximo Competente, David S. Competente and Does 1-10 alleging battery, negligent infliction of bodily injury-assault, false imprisonment and negligence.

According to the complaint, the plaintiff alleges that on Feb. 15, 2017, he was engaged in a discussion or argument with his girlfriend on the street in front of defendants' house on Concord Street in San Francisco. The suit states defendant David Maximo Competente approached him and struck him with his fists, kicked and hit him with a baseball bat or a heavy weapon several times to the head, face, body and extremities on mistaken assumption that he was being attacked or about to be attacked by the plaintiff. 

The suit states David Maximo Competente was living in a house owned by his father, David S. Competente.

The plaintiff holds David Maximo Competente, David S. Competente and Does 1-10 responsible because David Maximo Competente allegedly caused injuries to the plaintiff and David S. Competente rented and allowed his son to live at the property allegedly while knowing his son posted a danger and a threat to others.

The plaintiff seeks judgment against defendants for special, economic, general and punitive damages; costs of suit; and further relief as the court deems just. He is represented by Reuben J. Donig in San Mateo.

San Francisco County Superior Court case number CGC-19-573436

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Superior Court of California - County of San Francisco

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