On October 31, 2011 a Hearing was filed involving a dispute between Allstate Insurance Company, Eseifan, Sanaa, Eseifan, Yasmine, Fua Cruz, Ida Christina, Sanchez, Joel Enrique Andino, and Da Silva, Alan, Does 1 To 10, Does 1 To 20, Does 1 To 50, Inclusive, Gillespie, James, Martinez, Pamela, Mellegard, Hal, Miller, Caroline, Miller, Carolyn, Olsen, Nick, Reimers, Steven, Sanchez, Joel, Sanchez, Joel Enrique Andino, San Francisco Independent Taxi Association, San Francisco Independent Taxi Association, A, Silva, Alan, Taxi Equipment Leasing Llc, Taxi Equipment Leasing Llc, A Limited Liability, Taxi Property Company, Inc., Wiener, Richard, Wolley, Llc, Yellow Cab Cooperative, Inc., Yellow Cab Coopoerative, Inc A Corporation, for civil in the District Court of San Francisco County.
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SC 0 OR Ome BD NM RR BR BR tt i e 3 &®F aA SF ON & S$ GS ARR EH E TES Thomas M. Downey, State Bar No. 142096 Envail: idowney@iburnhana CoM ELECTRONICALLY Email: ilewaibe FILED Gregory H. McCormick, $ at Superior TL of California, Email: gmocormick@burnhambrown. com County of San Francisco BURNHAM BROWN A Professional Law Corporation. NOV 24 2014 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 NOTICE OF MOTION AND MOTION v. FOR SUMMARY JUDGMENT/ADJUDICATION OF JORL ENRIQUE ANDINO SANCHEZ, an FIRST AMENDED COMPLAINT OR individual; CAROLINE MILLER, an IN THE ALTERNATIVE SUMMARY individual; TAX] EQUIPMENT LEASING, ADJUDICATION OF THE SECOND LLC, a Limited Liability Company; SAN CAUSE OF ACTION FRANCISCO INDEPENDENT TAXL ASSOCIATION, a Corporation; YELLOW Date: February 5, 2015 CAB COOPERATIVE, INC., a Corporation; Time: 9:30 A.M. and DOES 1 through 50, Inclusive, Dept.: 302 Defendants. RESERVATION NO. 111414-27 Complaint Filed: October 31, 2011 Trial Date: March 9, 2015 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on February 5, 2015-at 9:30 A.M. in Dept. 302 of the San Francisco Superior Court, located at 400 McAlister St., San Francisco, California, Defendant ALAN DA SILVA (“DA SILVA”) will move the court, pursuant to California Code of Civil Procedure section 437(c), for Summary Judgment in favor of Defendant DA SILVA and against Plaintiff IDA CRISTINA CRUZ FUA. This motion is made on the ground that the undisputed a UDGMENT VADE UMIGATION OF | FIRST AMENDED COMPLAINTi A Wm wk facts establish that DA SILVA is not liable for Plaintiff's injuries because DA SILVA was not negligent, nor is DA SILVA liable for the acts or omissions of any other Defendant. In the alternative DA SILVA respectfully submits that he is entitled to Summary Adjudication of the second cause of action with respect to California Vehicle Code § 22350 (unsafe speed for conditions) because he was not driving at the time of the subject accident The motion will be based on this Notice of Motion, the attached Memorandum of Points and Authorities, the attached Separate Statement of Undisputed Material Facts, the Request for Judicial Notice, the Declaration of Gregory H. McCormick, the Index of Documentary Evidence, the files and records in this action, and any further evidence or argument that the court may properly receive at or before the hearing. DATED: _ /¢ / Al, 2014 BURNHAM BROWN Attorneys for Defendant ALAN DA SILVA 4811-3887-3888, v. I ie ee wes DEF ALAN DA SILVA’S NOTICE OF MOTION AND MOTION FOR SUMMARY No. CGC-17-5 15542 JUDGMENT/ADJUDICATION OF FIRST AMENDED COMPLAINT