Motion,Ex Parte: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

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Thomas M..Downey, State Bar No. 142096

Exiall: tdowney@eburnbambrown.cant

David S. Wilgus, State Bar No, 219181 ELECTRONICALLY

Email: dwilgus@bumhambrown.tom FILED

Giegory H. McCorimitk, State Bar No. 164461 Superior Court of California,

Brak Fmccommick burnhambrown.com County of San Francisco

A Professional Law Corporation NOV 24 2014
Clerk of the Court

P.O. Box 119 BY: ROMY RISK

Oakland, California 94604 , Deputy Clerk

1901 Harrison Street, 14th Floor
Oakland, California 94612
Telephone: (510) 444-6800
Facsimile: (510) 835-6666

' Attorneys for Defendant

ALAN DA SILVA

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION
IDA CRISTINA CRUZ FUA, No, CGC-11-515542
Plaintiff, DEFENDANT ALAN DA SILVA'S
STATEMENT OF UNDISPUTED
v. MATERIAL FACTS IN SUPPORT OF
MOTION FOR SUMMARY
JOEL ENRIQUE ANDINO SANCHEZ, an JUDGMENT/ADJUDICATION OF
individual; CAROLINE MILLER, an FIRST AMENDED COMPLAINT OR
individual; TAX] EQUIPMENT LEASING, IN THE ALTERNATIVE SUMMARY |
LLC, a Limited Liability Company; SAN ADJUDICATION OF THE SECOND
FRANCISCO INDEPENDENT TAXI CAUSE OF ACTION
ASSOCIATION, a Corporation; YELLOW
CAB COOPERATIVE, INC., a Corporation; Date: February 5, 2015
and DOES 1 through 50, Inclusive, Time: 9:30 A.ML
Dept.: 302
Defendants.
RESERVATION NO. 111414-27

Complaint Filed: October 31, 2011
Trial Date: March 9, 2015

Defendant ALAN DA SILVA (“Da Silva”) submits the following Statement of
Undisputed Material Facts in support of iis Motion for Summary Judgment/Adjudication of
Plaintiff's First Amended Complaint (“FAC”) pursuant to Code of Civil Procedure section 437c.

Defendant Da Silva respectfully submits that Plaintiff, IDA CRISTINA FUA,

(“Plaintiff”) cannot create a material issue of fact as to duty and/or causation which is/are
i

IN SUPPORT OF MOTION FOR SUMMARY JUDGMEN "HADIUDICATION OF
FIRST AMENDED COMPLAINTit

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essential elements to Plaintiff's causes of action against Da Silva for (1) Negligence and (2)

Negligence Per Se (Cal Veh Code § 22350) as alleged in the First Amended Complaint.

MOVING PARTY?S UNDISPUTED

OPPOSING PARTY’S

MATERIAL FACTS/SUPP, EVIDENCE

RESPONSE/SUPPORTING EVIDENCE

1 On March 6, 2014, Plaintiff filed her

First Amended Complaint for damages
alleging four causes of action for negligence,
negligence per se (violation of Vehicle Code

Section 22350), negligence per se (violation of

Vehicle Code Section 17150), and alter-ego-
pierce the corporate veil.

Plaintiff's First Amended Complaint attached
to the Index -of Documentary Evidence as
Exhibit A.

2. As to Da Silva, Plaintiff alleges causes
of action for (1) Negligence and (2)
Negligence Per Se (Cal Veh Code § 22350)
Plaintiff's First Amended Complaint attached
to the Index of Documentary Evidence as

Exhibit A, at p. 7:1-8:24

3. The FAC alleges damages as the result
of a motor vehicle accident involving the
taxicab driven by SANCHEZ which took place
on April 4, 2011, at approximately.9:40 A.M.

on southbound Highway 101 in San Mateo,

California.

FIRST AMENDED COMPLAINT

EM NDISP CTS
IN SUPPORT OF MOTION FOR SUMMARY JUDGMEN TIADJUDICA: TION OFa

to-the Index of Documentary Evidence as

Exhibit A, at p. 6:5-26.

4, On April 4, 2011, Joel Enrique Andino
Sanchez was driving the Taxi No. 609.
Deposition of Joel Enrique Andino Sanchez at
p. 26:17-23, atiached as Exhibit D.to the Index

5, On April 4, 2011, the taxi cab operated
by Sanchez was involved in a motor vehicle
accident.

Deposition of Joel Enrique Andino Sanchez at
pp. 26:17-23, 63:21-64:12, 72:22-75:4,
attached as Exhibit D to the Index of

+ Documentary Evidence.
Pecermonertnnt

6. Da Silva did not own the subject taxi
cab on April 4, 2011.

The certified DMV Vehicle Registration
Information record (for the taxi cab that is the
subject of the instant litigation a 2009 Nissan
Altima with license plate 8S83736), from the
California Department of Motor Vehicles
attached as Exhibit B to the Index of
Documentary Evidence.

Plaintiff's Request for Judicial Notice in
support of Plaintiff's Opposition to Defendant
Taxi Equipment Leasing LLC’s Motion for

oof of.

DEF AL
FIRST AMENDED COMPLAINT

DASILVA'S STATEMENT OF UNDISPUTED MATERIAL FACTS
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT/ADJUDICATION OF

No. CGC-11-518542 |CC SK HR me

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attached as Exhibit C to the Index of
Documentary Evidence.

The California Department of Moter Vehicle
Registration information printout and Notice
of Transfer and Release of Liability produced
with Yellow Cab Cooperative, Inc.’ Responses
to Defendant ALAN DA SILVA‘s Request for
Production of Documents, Set No 1, attached
as Exhibit E to the Index of Documentary
Evidence at bates stamped pages 52-54.

7. Da Silva was not operating the subject
taxi cab at the time of the accident.
Deposition of Joel Enrique Andino Sanchez at
pp. 26:17-23, 63:21-64:12, 72:22-75:4,
attached as Exhibit D to the Index of

Documentary Evidence.

DATED: November 4/” , 2014 BURNHAM BR

Attoreys for Defendant
ALAN DA SILVA

4852-5125~-7888, v. 1

i MA
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT/ADJUDICATION OF
FIRST AMENDED COMPLAINT