Preview
1 Jeffrey M. Lenkov (State Bar No. 156478)
jeffrey.lenkov@manningkass.com
2 Daniel J. Sullivan (State Bar No. 251455)
daniel.sullivan@manningkass.com
3 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
4 801 S. Figueroa St, 15th Floor
Los Angeles, California 90017-3012
5 Telephone: (213) 624-6900
Facsimile: (213) 624-6999
6
Attorneys for Defendants, MAURICIO G. CEJA
7 MADRIGAL, CARRERA GARCIA
TRANSPORT, LLC and WADE
8 TRANSPORTATION COMPANY, INC.
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SONOMA
11
12
MARINA MIRANDA, ISABELLA Case No. SCV-270065
13 MIRANDA BY GAL - DAVID MIRANDA,
WYATT MIRANDA BY GAL - RUDY DEFENDANTS’ COMPENDIUM OF
14 MIRANDA,, EVIDENCE IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT
15 Plaintiffs,
Filed concurrently with:
16 v. 1. Notice of Motion and Motion;
2. Memorandum of Points and Authorities;
17 MAURICIO G. CEJA MADRIGAL, 3. Separate Statement of Undisputed Material
CARRERA GARCIA TRANSPORT, LLC, Facts;
18 WADE TRANSPORTATION COMPANY, 4. Declaration of Daniel J. Sullivan; and
INC.; and DOES 1 through 50, Inclusive,, 5. [Proposed] Order
19
Defendants. Judge: Hon. Oscar A. Pardo
20 Date:
Time:
21 AND RELATED CROSS-ACTIONS Dept.: 19
22
Action Filed: 01/25/2022
23 Trial Date: 10/13/2023
24
25 INDEX OF EXHIBITS
26 EXHIBIT 1: Plaintiffs’ Complaint filed on January 25, 2022.
27 EXHIBIT 2: Declaration of defendant Mauricio G. Ceja Madrigal.
28 EXHIBIT 3: Declaration of Larry Miller.
DEFENDANTS’ COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY
JUDGMENT
1 EXHIBIT 4: Relevant portions of Plaintiffs’ responses to Special Interrogatories, Set One
2 propounded by defendant Wade Transportation Company, Inc.
3
4 DATED: June 30, 2023 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
5
6
7 By:
Jeffrey M. Lenkov
8 Daniel J. Sullivan
Attorneys for Defendants, MAURICIO G. CEJA
9 MADRIGAL, CARRERA GARCIA
10 TRANSPORT, LLC and WADE
TRANSPORTATION COMPANY, INC.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
DEFENDANTS’ COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY
JUDGMENT
EXHIBIT 1
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
— Anna Dubrovsky, Esq. SBN: 197116
ANNA DUBROVSKY LAW GROUP, INC.
750 Battery Street, Suite 700
San Francisco, CA 94111 ELECTRONICALLY FILED
ELECTRONICALLY FILED
Superior Court
Superior Court of
of California
California
TeLerHoNeNo: (415) 746-1477 FAXNo.(optionai: (415) 746-1478
County of
County of Sonoma
Sonoma
E-MAIL ADDRESS (Optional): anna@dubrovskylawyers.com
1/25/2022 11:38
1/25/2022 11:38 AM
AM
ATTORNEY FOR(Name) Plaintiffs, Miranda, et al.
Arlene D.
Arlene D. Junior,
Junior, Clerk
Clerk of
of the
the Court
Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sonoma
By: Melisa
By: Melisa Kennedy,
Kennedy, Deputy
Deputy Clerk
Clerk
streeTappress: 600 Administration Drive
MAILING ADDRESS:
crvanpzipcoe: Santa Rosa CA 95403
srancHnave: Civil Unlimited
PLAINTIFF: Marina Miranda, Isabella Miranda by GAL - David Miranda,
Wyatt Miranda by GAL - Rudy Miranda
DEFENDANT: Mauricio G. Ceja Madrigal,
Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and
(X) poes170 50, Inclusive
COMPLAINT-Personal Injury, Property Damage, Wrongful Death
(L) AMENDED (Number):
Type (check all that apply):
X1 MOTOR VEHICLE (1) OTHER (specify):
(X] Property Damage [X] Wrongful Death
(J Personal Injury (C1) Other Damages (specify):
Jurisdiction (check all that apply): CASE NUMBER:
(CZ) ACTION IS A LIMITED CIVIL CASE
Amount demanded [_] does not exceed $10,000 SCV-270065
SCV-270065
[) exceeds $10,000, but does not exceed $25,000
[X] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
(C2) ACTION IS RECLASSIFIED by this amended complaint
(]) from limited to unlimited
(1 from unlimited to limited
1. Plaintiff
(name or names): Marina Miranda, Isabella Miranda by GAL - David Miranda,
Wyatt Miranda by GAL - Rudy Miranda
alleges causes of action againstdefendant (name or names): Mauricio G. Ceja Madrigal,
Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and DOES 1 to 50, Inclusive
This pleading, including attachments and exhibits, consists of the following number of pages: 6
nN
3. Each plaintiff named above is a competent adult
a. [X] except plaintiff (name): Isabella Miranda
(1) 2] a corporation qualified to do business in California
(2) C3] an unincorporated entity (describe):
(3) J a public entity (describe):
4) X] aminor [J an adult
(a) [J for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) XJ other (specify): GAL Application is being filed concurrently
(5) 2 other (specify):
b. XA except plaintiff (name): Wyatt Miranda
(1) 20 a corporation qualified to do business in California
(2) 2 an unincorporated entity (describe):
(3) J a public entity (describe):
4) XQ aminor [J an adult
(a) [L] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) X} other (specify): GAL Application is being filed concurrently
(5) 2 other (specify):
(3 Information about additional plaintiffs who are not competent adults is shown in Attachment 3.
Page 1 of 3
Form Approved for Optional Use . COMPLAINT-Personal Injury, Property Code of Civil www.courtinfo.ca.gov
Procedure, § 425.12
Judicial Council of California CB ial
PLD-P1-001 [Rev. January 1, 2007]
ceb.com Eiforme Damage, Wrongful Death Miranda
PLD-PI-001
SHORT TITLE: CASE NUMBER:
SCV-270065
Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065
4. [2] Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. ([X] except defendant (name): c. [J exceptdefendant (name):
Carrera Garcia Transport, LLC
(1) [X] a business organization, form unknown ) a a business organization, form unknown
2 [2 a corporation (2) [2] a corporation
(3) (3 an unincorporated entity (describe): (3) [LQ an unincorporated entity (describe):
(4) [} a public entity (describe): (4) [J a public entity (describe):
(6) [2 other (specify): (5) [ other (specify):
b. [XJ except defendant (name): d. [CZ] except defendant (name):
Wade Transportation Company, Inc.
(1) XJ a business organization, form unknown (1) [J a business organization, form unknown
(2) [J a corporation (2) 3) a corporation
(3) (30 an unincorporated entity (describe): (3) [J an unincorporated entity (describe):
(4) [2] a public entity (describe): (4) [2 a public entity (describe):
(6) [2] other (specify): (5) [2] other (specify):
[1] Information about additional defendants who are not natural persons is contained in Attachment 5.
6. The true names of defendants sued as Does are unknown to plaintiff.
a. [XJ Doe defendants (specify Doe numbers): 1=50 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. [XJ Doe defendants (specify Doe numbers): 1=50 are persons whose capacities are unknown to
plaintiff.
7. [2 Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. [] atleast one defendant now resides in its jurisdictional area.
. [J the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
ooo
X] injury to person or damage to personal property occurred in its jurisdictional area.
. 3) other (specify):
9. [J Plaintiff is required to comply with a claims statute, and
a. [2] has complied with applicable claims statutes, or
b. [] is excused from complying because (specify):
COMPLAINT-Personal Injury, Property Page 2 of 3
PLD-PI-001 [Rev. January 1, 2007)
CB El emma, Damage, Wrongful Death Miranda
PLD-PI-001
SHORT TITLE: CASE NUMBER:
Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065
SCV-270065
10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more
causes of action attached):
XX] Motor Vehicle
X1 General Negligence
~®a0oTp
] Intentional Tort
(1 Products Liability
[) Premises Liability
1] Other (specify) :
11. Plaintiff has suffered
(1 wage loss
@~poo0oTp
[1] loss of use of property
[1] hospital and medical expenses
(1) general damage
XA property damage
(] loss of earning capacity
(1) other damage (specify) :
12. [XQ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. [1] listed in Attachment 12.
b. [XJ as follows:
Plaintiffs (children) have been deprived of Stephanie Miranda's
finanical assistance and support, love, companionship, comfort,
care, assistance, protection, affection, society and moral
support. Plaintiffs have lost the financial contributions by
their mother, Stephanie Miranda. Plaintiffs have also incurred
expenses and liabilities for funeral expenses and burial.
13. The relief sought in this complaint is within the jurisdiction of this court.
14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a. (1) XA compensatory damages
(2) A punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) XA according to proof
2) [0 in the amount of: $
15. [] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Date: January LY, 2022 2
Anna Dubrovsky, Fsqg 2
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
a a ia COMPLAINT-Personal Injury, Property Page 3 of 3
IR’ | Essential Damage, Wrongful Death .
(zlForms- $ 9 Miranda
GB
PLD-PI-001(1)
SHORT TITLE: CASE NUMBER:
Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065
SCV-270065
FIRST CAUSE OF ACTION- Motor Vehicle
ATTACHMENT TO [X] Complaint [] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
Plaintiff (name): Marina Miranda, Isabella Miranda by GAL - David Miranda,
Wyatt Miranda by GAL - Rudy Miranda
MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries
and damages to plaintiff; the acts occurred
on (date): February 4, 2020
at (place) Bicentennial Off-Ramp from US-101, N/B, Santa Rosa,
County of Sonoma, State of California
MV-2. DEFENDANTS
a. (X] The defendants who operated a motor vehicle are (names):
Mauricio G. Ceja Madrigal and
X) Does 1 to 50
b. (X] The defendants who employed the persons who operated a motor vehicle in the course of their employment
are (names):Mauricio G. Ceja Madrigal, Carrera Garcia
Transport, LLC, Wade Transportation Company,
Inc. and
XJ Does 1 to 50
c. [X] The defendants who owned the motor vehicle which was operated with their permission are (names):
Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC,
Wade Transportation Company, Inc. and
X] Does 1 to 50
d. [(X] The defendants who entrusted the motor vehicle are (names):
Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC,
Wade Transportation Company, Inc. and
X] Does 1 to 50
e. (X] The defendants who were the agents and employees of the other defendants and acted within the scope
of the agency were (names):
Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC,
Wade Transportation Company, Inc. and
X] Does 1 to 50
f. [X] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
X] listed in Attachment MV-2f [] as follows:
X]) Does 1 to 50
Page 4____
Pago 1 of 1
Sa Comal of California
Fi
PLD-PI-001(1)
ed for Optional
(Rev. January 1, 2007]
U
CAUSE OF ACTION - Motor Vehicle .
0 0 Of CH vw coun
Code of Civil
ca gos
P dul 425.12
CER | Essential Miranda
ceb.com [zlForms-
MC-025
SHORT TITLE: CASE NUMBER:
— Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065
SCV-270065
ATTACHMENT (Number): Mu=2f
(This Attachment may be used with any Judicial Council form.)
Miranda, et al. vs. Ceja Madrigal, et al.
Sonoma County Superior Court
Complaint - Personal Injury
Plaintiffs are ignorant of the true names and capacities of defendants
sued herein as DOES 1 - 50, inclusive, and therefore sue these
defendants by such fictitious names. Plaintiffs will amend this
complaint to allege their true names and capacities when ascertained.
Plaintiffs are informed and believe and thereon allege that each of the
fictitiously named defendants are responsible in some manner for the
occurrences herein alleged and that plaintiffs’ injuries and damages as
herein alleged were proximately caused by the conduct of these
defendants.
Plaintiffs are further informed and believe and thereon allege that
each of the defendants were the agent, partner, principal, employee,
employer, joint venture, co-conspirator, and/or acted in concert with
each of the other defendants in doing the things alleged herein, and/or
ratified or approved each of the acts, conduct and omissions of the
other defendants, so that those acts, conduct or omissions became their
own, and in doing the acts herein alleged, were acting within the scope
of their actual or apparent authority, or their status as described
above.
(If the item that this Attachment concems is made under penalty of perjury, all statements in this Page5 of 6
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use ATTACHMENT wwiv.courtinfo.ca.gov
Judicial Council of California . . .
MC-025 [Rev. July 1, 2009) to Judicial Council Form
CFR’ | Essential Miranda
ceb.com z)]Forms®
[z]Forms
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065
SCV-270065
SECOND CAUSE OF ACTION- General Negligence Page 6
(number)
ATTACHMENT TO [XJ Complaint [] Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name): Marina Miranda, Isabella Miranda by GAL - David Miranda,
Wyatt Miranda by GAL - Rudy Miranda
alleges
that defendant (name): Mauricio G. Ceja Madrigal,
Carrera Garcia Transport, LLC, Wade Transportation Company, Inc.
and
X1 Does 1 to 50
was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant
negligently caused the damage to plaintiff
on (date). February 4, 2020
at (place). Bicentennial Off-Ramp from US-101, N/B, Santa Rosa, Sonoma Countuy, CA
(description of reasons for liability) :
on February 4, 2020, shortly after midnight defendant driver Mauricio G. Ceja
Madrigal was operating an eighteen wheeler tractor-trailer in the course and
scope of his employment with other defendants. He was travelling on US-101,
N/B and took Bicentennial Off-Ramp exit. He then negligently and unsafely
parked his vehicle on the shoulder of the off-ramp where no stopping or
parking was permitted. Defendant driver violated several rules and
regulations, including California Vehicle Code Section 21718. While defendants’
tractor-trailer was illegaly parked on the off-ramp shoulder, Stephanie Miranda was
travelling in her vehicle on US-101 N/B. She took Bicentennial Off-Ramp and collided with
the subject tractor-trailer.
As a result of the impact, Stephanie Miranda sustained fatal injuries and was
pronounced dead at the scene. Defendants and their negligent conduct fell below the
standard of care of a reasonable person in that defendants negligently caused or
contributed to causing the subject collision that resulted in a death of Stephanie
Miranda. Defendants and their conduct was a substantial factor is causing the subject
crash and the death of Stephanie Miranda and resulting damages to the plaintiffs.
Defendants Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. owed the
general public a duty of reasonable care in the hiring, training and supervision of its
driver Mauricio G. Ceja Madrigal as well as a duty to maintain their truck in a safe
condition. These defendants and each of them, and DOES 1-50, inclusive, did breach that
duty of care in the hiring, retention, training and/or supervision of Defendant
Mauricio G. Ceja Madrigal who was unfit to be a commercial truck driver, and who was not
adequately trained or supervised in his driving and the dangers inherent therein.
As a direct and proximate result of the negligence of the defendants and each of them, as
herein stated, decendent Stephanie Miranda sustained fatal injuries and died at the scene
of the incident.
Pago 1 of 1
Form Approved
for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12
Judicial Council of www.courtinfo.ca.gov
PLD-PI-001(2) (Rev. Janay be 2007) C3
ceb.com Eiforma: Miranda
EXHIBIT 2
DocuSign Envelope ID: 703CBE56-7AA8-4E9D-BEBC-9718D6ABDCE2
1 Jeffrey M. Lenkov (State Bar No. 156478)
jeffrey.lenkov@manningkass.com
2 Daniel J. Sullivan (State Bar No. 251455)
daniel.sullivan@manningkass.com
3 MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
4 801 S. Figueroa St, 15th Floor
Los Angeles, California 90017-3012
5 Telephone: (213) 624-6900
Facsimile: (213) 624-6999
6
Attorneys for Defendants, MAURICIO G. CEJA
7 MADRIGAL, CARRERA GARCIA
TRANSPORT, LLC and WADE
8 TRANSPORTATION COMPANY, INC.
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SONOMA
11
12
MARINA MIRANDA, ISABELLA Case No. SCV-270065
13 MIRANDA BY GAL - DAVID MIRANDA,
WYATT MIRANDA BY GAL - RUDY DECLARATION OF MAURICIO G. CEJA
14 MIRANDA,, MADRIGAL IN SUPPORT OF
DEFENDANTS’ MOTION FOR
15 Plaintiffs, SUMMARY JUDGMENT
16 v. Assigned for All Purposes to:
Hon. Oscar A. Pardo, Dept. 19
17 MAURICIO G. CEJA MADRIGAL,
CARRERA GARCIA TRANSPORT, LLC,
18 WADE TRANSPORTATION COMPANY, Action Filed: 01/25/2022
INC.; and DOES 1 through 50, Inclusive,, Trial Date: 10/13/2023
19
Defendants.
20
21 AND RELATED CROSS-ACTIONS
22
23
24 DECLARATION OF MAURICIO G. CEJA MADRIGAL
25 I, Mauricio G. Ceja Madrigal, hereby declare and state as follows:
26 1. I am a defendant in this action brought by plaintiffs MARINA MIRANDA,
27 ISABELLA MIRANDA, by and through her Guardian ad Litem, David Miranda, and WYATT
28 MIRANDA, by and through his Guardian ad Litem, Rudy Miranda (collectively, “Plaintiffs”). The
DECLARATION OF MAURICIO G. CEJA MADRIGAL IN SUPPORT OF DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
DocuSign Envelope ID: 703CBE56-7AA8-4E9D-BEBC-9718D6ABDCE2
1 facts set forth herein are known to me personally, and if called upon to testify, I could and would
2 competently testify thereto.
3 2. On February 4, 2020, I was involved in a rear-end collision with Stephanie Miranda
4 while I was stopped to the right of the shoulder of the northbound US 101 off-ramp to Bicentennial
5 Way.
6 3. At the time of the collision, I was operating a tractor owned by defendant CARRERA
7 GARCIA TRANSPORT, LLC (“CGT”) hauling a trailer owned by defendant WADE
8 TRANSPORTATION COMPANY. I was heading to my final destination at Eagle Distribution in
9 Santa Rosa, California.
10 4. Shortly after midnight on February 4, 2020, I pulled my vehicle over to the off-ramp
11 to enter the location of my final destination into my GPS and search for a place to sleep.
12 5. I only intended to stop for approximately five minutes to safely use my GPS.
13 6. Because I only intended to stop briefly on the shoulder of the off-ramp for a few
14 minutes, I left the vehicle’s lights on and engine running, and also engaged the vehicle’s hazard
15 lights so the vehicle would be safely visible to other drivers. The vehicle’s lights and hazard lights
16 were on when the collision occurred. There were no visual obstructions on the approach to the
17 shoulder of the off-ramp where I had stopped my vehicle.
18 7. Approximately three minutes after I had pulled over, Ms. Miranda struck the rear-
19 end of the stopped trailer with her vehicle.
20 8. At the time of the collision, my vehicle was fully on the shoulder of the off-ramp
21 with about two feet of room between the left side of the truck and the start of the shoulder. There
22 were no signs restricting or prohibiting parking on that portion of the off-ramp shoulder.
23 9. Prior to the incident on February 4, 2020, I had not been involved in any other motor
24 vehicle collisions.
25 10. At the time of the collision, I qualified for and maintained a Class A Commercial
26 Driver’s License. I had also been approved by CGT’s insurance company to operate heavy vehicles
27 like the one involved in the collision in this case.
28 / / /
2
DECLARATION OF MAURICIO G. CEJA MADRIGAL IN SUPPORT OF DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
DocuSign Envelope ID: 703CBE56-7AA8-4E9D-BEBC-9718D6ABDCE2
1 11. I took photographs of the scene of the incident after emergency responders arrived.
2 The tractor-trailer’s lights and hazard lights illuminated in the photographs are the same lights I had
3 engaged when I pulled over to the shoulder of the off-ramp and had been engaged when Ms. Miranda
4 rear-ended the trailer. The tractor-trailer’s location on the shoulder of the off-ramp had not changed
5 between the time of collision and the time I took the photographs. Attached as Exhibit A are true
6 and correct copies of the photographs I took of the vehicles at the scene of the incident on February
7 4, 2020.
8
9 Executed on June 28, 2023, at Reedley, California.
10
11
Mauricio G. Ceja Madrigal
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
DECLARATION OF MAURICIO G. CEJA MADRIGAL IN SUPPORT OF DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
EXHIBIT A
**
■
* i
■ *
■ * *■ 4
v V
*- *»
► *
'« • r ¥
P m
9
T*
* ■ - ■
' ■
i
>* 1
Y»
■
^Tm
it
T T 4-1—f‘T
* *- « !»
V m
a a i • Ufl
r m
* t
* I ■r *
; 4 * J.l kS
* « 1 * I 1 1. 4 »
t *
I
* *
/
u t
Preview
1 Jeffrey M. Lenkov (State Bar No. 156478) jeffrey.lenkov@manningkass.com 2 Daniel J. Sullivan (State Bar No. 251455) daniel.sullivan@manningkass.com 3 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 4 801 S. Figueroa St, 15th Floor Los Angeles, California 90017-3012 5 Telephone: (213) 624-6900 Facsimile: (213) 624-6999 6 Attorneys for Defendants, MAURICIO G. CEJA 7 MADRIGAL, CARRERA GARCIA TRANSPORT, LLC and WADE 8 TRANSPORTATION COMPANY, INC. 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SONOMA 11 12 MARINA MIRANDA, ISABELLA Case No. SCV-270065 13 MIRANDA BY GAL - DAVID MIRANDA, WYATT MIRANDA BY GAL - RUDY DEFENDANTS’ COMPENDIUM OF 14 MIRANDA,, EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 15 Plaintiffs, Filed concurrently with: 16 v. 1. Notice of Motion and Motion; 2. Memorandum of Points and Authorities; 17 MAURICIO G. CEJA MADRIGAL, 3. Separate Statement of Undisputed Material CARRERA GARCIA TRANSPORT, LLC, Facts; 18 WADE TRANSPORTATION COMPANY, 4. Declaration of Daniel J. Sullivan; and INC.; and DOES 1 through 50, Inclusive,, 5. [Proposed] Order 19 Defendants. Judge: Hon. Oscar A. Pardo 20 Date: Time: 21 AND RELATED CROSS-ACTIONS Dept.: 19 22 Action Filed: 01/25/2022 23 Trial Date: 10/13/2023 24 25 INDEX OF EXHIBITS 26 EXHIBIT 1: Plaintiffs’ Complaint filed on January 25, 2022. 27 EXHIBIT 2: Declaration of defendant Mauricio G. Ceja Madrigal. 28 EXHIBIT 3: Declaration of Larry Miller. DEFENDANTS’ COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1 EXHIBIT 4: Relevant portions of Plaintiffs’ responses to Special Interrogatories, Set One 2 propounded by defendant Wade Transportation Company, Inc. 3 4 DATED: June 30, 2023 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 5 6 7 By: Jeffrey M. Lenkov 8 Daniel J. Sullivan Attorneys for Defendants, MAURICIO G. CEJA 9 MADRIGAL, CARRERA GARCIA 10 TRANSPORT, LLC and WADE TRANSPORTATION COMPANY, INC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DEFENDANTS’ COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT EXHIBIT 1 PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY — Anna Dubrovsky, Esq. SBN: 197116 ANNA DUBROVSKY LAW GROUP, INC. 750 Battery Street, Suite 700 San Francisco, CA 94111 ELECTRONICALLY FILED ELECTRONICALLY FILED Superior Court Superior Court of of California California TeLerHoNeNo: (415) 746-1477 FAXNo.(optionai: (415) 746-1478 County of County of Sonoma Sonoma E-MAIL ADDRESS (Optional): anna@dubrovskylawyers.com 1/25/2022 11:38 1/25/2022 11:38 AM AM ATTORNEY FOR(Name) Plaintiffs, Miranda, et al. Arlene D. Arlene D. Junior, Junior, Clerk Clerk of of the the Court Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sonoma By: Melisa By: Melisa Kennedy, Kennedy, Deputy Deputy Clerk Clerk streeTappress: 600 Administration Drive MAILING ADDRESS: crvanpzipcoe: Santa Rosa CA 95403 srancHnave: Civil Unlimited PLAINTIFF: Marina Miranda, Isabella Miranda by GAL - David Miranda, Wyatt Miranda by GAL - Rudy Miranda DEFENDANT: Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and (X) poes170 50, Inclusive COMPLAINT-Personal Injury, Property Damage, Wrongful Death (L) AMENDED (Number): Type (check all that apply): X1 MOTOR VEHICLE (1) OTHER (specify): (X] Property Damage [X] Wrongful Death (J Personal Injury (C1) Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER: (CZ) ACTION IS A LIMITED CIVIL CASE Amount demanded [_] does not exceed $10,000 SCV-270065 SCV-270065 [) exceeds $10,000, but does not exceed $25,000 [X] ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) (C2) ACTION IS RECLASSIFIED by this amended complaint (]) from limited to unlimited (1 from unlimited to limited 1. Plaintiff (name or names): Marina Miranda, Isabella Miranda by GAL - David Miranda, Wyatt Miranda by GAL - Rudy Miranda alleges causes of action againstdefendant (name or names): Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and DOES 1 to 50, Inclusive This pleading, including attachments and exhibits, consists of the following number of pages: 6 nN 3. Each plaintiff named above is a competent adult a. [X] except plaintiff (name): Isabella Miranda (1) 2] a corporation qualified to do business in California (2) C3] an unincorporated entity (describe): (3) J a public entity (describe): 4) X] aminor [J an adult (a) [J for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) XJ other (specify): GAL Application is being filed concurrently (5) 2 other (specify): b. XA except plaintiff (name): Wyatt Miranda (1) 20 a corporation qualified to do business in California (2) 2 an unincorporated entity (describe): (3) J a public entity (describe): 4) XQ aminor [J an adult (a) [L] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) X} other (specify): GAL Application is being filed concurrently (5) 2 other (specify): (3 Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use . COMPLAINT-Personal Injury, Property Code of Civil www.courtinfo.ca.gov Procedure, § 425.12 Judicial Council of California CB ial PLD-P1-001 [Rev. January 1, 2007] ceb.com Eiforme Damage, Wrongful Death Miranda PLD-PI-001 SHORT TITLE: CASE NUMBER: SCV-270065 Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065 4. [2] Plaintiff (name): is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. ([X] except defendant (name): c. [J exceptdefendant (name): Carrera Garcia Transport, LLC (1) [X] a business organization, form unknown ) a a business organization, form unknown 2 [2 a corporation (2) [2] a corporation (3) (3 an unincorporated entity (describe): (3) [LQ an unincorporated entity (describe): (4) [} a public entity (describe): (4) [J a public entity (describe): (6) [2 other (specify): (5) [ other (specify): b. [XJ except defendant (name): d. [CZ] except defendant (name): Wade Transportation Company, Inc. (1) XJ a business organization, form unknown (1) [J a business organization, form unknown (2) [J a corporation (2) 3) a corporation (3) (30 an unincorporated entity (describe): (3) [J an unincorporated entity (describe): (4) [2] a public entity (describe): (4) [2 a public entity (describe): (6) [2] other (specify): (5) [2] other (specify): [1] Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. [XJ Doe defendants (specify Doe numbers): 1=50 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. [XJ Doe defendants (specify Doe numbers): 1=50 are persons whose capacities are unknown to plaintiff. 7. [2 Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. [] atleast one defendant now resides in its jurisdictional area. . [J the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. ooo X] injury to person or damage to personal property occurred in its jurisdictional area. . 3) other (specify): 9. [J Plaintiff is required to comply with a claims statute, and a. [2] has complied with applicable claims statutes, or b. [] is excused from complying because (specify): COMPLAINT-Personal Injury, Property Page 2 of 3 PLD-PI-001 [Rev. January 1, 2007) CB El emma, Damage, Wrongful Death Miranda PLD-PI-001 SHORT TITLE: CASE NUMBER: Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065 SCV-270065 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): XX] Motor Vehicle X1 General Negligence ~®a0oTp ] Intentional Tort (1 Products Liability [) Premises Liability 1] Other (specify) : 11. Plaintiff has suffered (1 wage loss @~poo0oTp [1] loss of use of property [1] hospital and medical expenses (1) general damage XA property damage (] loss of earning capacity (1) other damage (specify) : 12. [XQ The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. [1] listed in Attachment 12. b. [XJ as follows: Plaintiffs (children) have been deprived of Stephanie Miranda's finanical assistance and support, love, companionship, comfort, care, assistance, protection, affection, society and moral support. Plaintiffs have lost the financial contributions by their mother, Stephanie Miranda. Plaintiffs have also incurred expenses and liabilities for funeral expenses and burial. 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) XA compensatory damages (2) A punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): (1) XA according to proof 2) [0 in the amount of: $ 15. [] The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: January LY, 2022 2 Anna Dubrovsky, Fsqg 2 (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY) a a ia COMPLAINT-Personal Injury, Property Page 3 of 3 IR’ | Essential Damage, Wrongful Death . (zlForms- $ 9 Miranda GB PLD-PI-001(1) SHORT TITLE: CASE NUMBER: Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065 SCV-270065 FIRST CAUSE OF ACTION- Motor Vehicle ATTACHMENT TO [X] Complaint [] Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Marina Miranda, Isabella Miranda by GAL - David Miranda, Wyatt Miranda by GAL - Rudy Miranda MV-1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred on (date): February 4, 2020 at (place) Bicentennial Off-Ramp from US-101, N/B, Santa Rosa, County of Sonoma, State of California MV-2. DEFENDANTS a. (X] The defendants who operated a motor vehicle are (names): Mauricio G. Ceja Madrigal and X) Does 1 to 50 b. (X] The defendants who employed the persons who operated a motor vehicle in the course of their employment are (names):Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and XJ Does 1 to 50 c. [X] The defendants who owned the motor vehicle which was operated with their permission are (names): Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and X] Does 1 to 50 d. [(X] The defendants who entrusted the motor vehicle are (names): Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and X] Does 1 to 50 e. (X] The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and X] Does 1 to 50 f. [X] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are X] listed in Attachment MV-2f [] as follows: X]) Does 1 to 50 Page 4____ Pago 1 of 1 Sa Comal of California Fi PLD-PI-001(1) ed for Optional (Rev. January 1, 2007] U CAUSE OF ACTION - Motor Vehicle . 0 0 Of CH vw coun Code of Civil ca gos P dul 425.12 CER | Essential Miranda ceb.com [zlForms- MC-025 SHORT TITLE: CASE NUMBER: — Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065 SCV-270065 ATTACHMENT (Number): Mu=2f (This Attachment may be used with any Judicial Council form.) Miranda, et al. vs. Ceja Madrigal, et al. Sonoma County Superior Court Complaint - Personal Injury Plaintiffs are ignorant of the true names and capacities of defendants sued herein as DOES 1 - 50, inclusive, and therefore sue these defendants by such fictitious names. Plaintiffs will amend this complaint to allege their true names and capacities when ascertained. Plaintiffs are informed and believe and thereon allege that each of the fictitiously named defendants are responsible in some manner for the occurrences herein alleged and that plaintiffs’ injuries and damages as herein alleged were proximately caused by the conduct of these defendants. Plaintiffs are further informed and believe and thereon allege that each of the defendants were the agent, partner, principal, employee, employer, joint venture, co-conspirator, and/or acted in concert with each of the other defendants in doing the things alleged herein, and/or ratified or approved each of the acts, conduct and omissions of the other defendants, so that those acts, conduct or omissions became their own, and in doing the acts herein alleged, were acting within the scope of their actual or apparent authority, or their status as described above. (If the item that this Attachment concems is made under penalty of perjury, all statements in this Page5 of 6 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT wwiv.courtinfo.ca.gov Judicial Council of California . . . MC-025 [Rev. July 1, 2009) to Judicial Council Form CFR’ | Essential Miranda ceb.com z)]Forms® [z]Forms PLD-PI-001(2) SHORT TITLE: CASE NUMBER: Miranda, et al. vs. Ceja Madrigal, et al. SCV-270065 SCV-270065 SECOND CAUSE OF ACTION- General Negligence Page 6 (number) ATTACHMENT TO [XJ Complaint [] Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Marina Miranda, Isabella Miranda by GAL - David Miranda, Wyatt Miranda by GAL - Rudy Miranda alleges that defendant (name): Mauricio G. Ceja Madrigal, Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. and X1 Does 1 to 50 was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date). February 4, 2020 at (place). Bicentennial Off-Ramp from US-101, N/B, Santa Rosa, Sonoma Countuy, CA (description of reasons for liability) : on February 4, 2020, shortly after midnight defendant driver Mauricio G. Ceja Madrigal was operating an eighteen wheeler tractor-trailer in the course and scope of his employment with other defendants. He was travelling on US-101, N/B and took Bicentennial Off-Ramp exit. He then negligently and unsafely parked his vehicle on the shoulder of the off-ramp where no stopping or parking was permitted. Defendant driver violated several rules and regulations, including California Vehicle Code Section 21718. While defendants’ tractor-trailer was illegaly parked on the off-ramp shoulder, Stephanie Miranda was travelling in her vehicle on US-101 N/B. She took Bicentennial Off-Ramp and collided with the subject tractor-trailer. As a result of the impact, Stephanie Miranda sustained fatal injuries and was pronounced dead at the scene. Defendants and their negligent conduct fell below the standard of care of a reasonable person in that defendants negligently caused or contributed to causing the subject collision that resulted in a death of Stephanie Miranda. Defendants and their conduct was a substantial factor is causing the subject crash and the death of Stephanie Miranda and resulting damages to the plaintiffs. Defendants Carrera Garcia Transport, LLC, Wade Transportation Company, Inc. owed the general public a duty of reasonable care in the hiring, training and supervision of its driver Mauricio G. Ceja Madrigal as well as a duty to maintain their truck in a safe condition. These defendants and each of them, and DOES 1-50, inclusive, did breach that duty of care in the hiring, retention, training and/or supervision of Defendant Mauricio G. Ceja Madrigal who was unfit to be a commercial truck driver, and who was not adequately trained or supervised in his driving and the dangers inherent therein. As a direct and proximate result of the negligence of the defendants and each of them, as herein stated, decendent Stephanie Miranda sustained fatal injuries and died at the scene of the incident. Pago 1 of 1 Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of www.courtinfo.ca.gov PLD-PI-001(2) (Rev. Janay be 2007) C3 ceb.com Eiforma: Miranda EXHIBIT 2 DocuSign Envelope ID: 703CBE56-7AA8-4E9D-BEBC-9718D6ABDCE2 1 Jeffrey M. Lenkov (State Bar No. 156478) jeffrey.lenkov@manningkass.com 2 Daniel J. Sullivan (State Bar No. 251455) daniel.sullivan@manningkass.com 3 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 4 801 S. Figueroa St, 15th Floor Los Angeles, California 90017-3012 5 Telephone: (213) 624-6900 Facsimile: (213) 624-6999 6 Attorneys for Defendants, MAURICIO G. CEJA 7 MADRIGAL, CARRERA GARCIA TRANSPORT, LLC and WADE 8 TRANSPORTATION COMPANY, INC. 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SONOMA 11 12 MARINA MIRANDA, ISABELLA Case No. SCV-270065 13 MIRANDA BY GAL - DAVID MIRANDA, WYATT MIRANDA BY GAL - RUDY DECLARATION OF MAURICIO G. CEJA 14 MIRANDA,, MADRIGAL IN SUPPORT OF DEFENDANTS’ MOTION FOR 15 Plaintiffs, SUMMARY JUDGMENT 16 v. Assigned for All Purposes to: Hon. Oscar A. Pardo, Dept. 19 17 MAURICIO G. CEJA MADRIGAL, CARRERA GARCIA TRANSPORT, LLC, 18 WADE TRANSPORTATION COMPANY, Action Filed: 01/25/2022 INC.; and DOES 1 through 50, Inclusive,, Trial Date: 10/13/2023 19 Defendants. 20 21 AND RELATED CROSS-ACTIONS 22 23 24 DECLARATION OF MAURICIO G. CEJA MADRIGAL 25 I, Mauricio G. Ceja Madrigal, hereby declare and state as follows: 26 1. I am a defendant in this action brought by plaintiffs MARINA MIRANDA, 27 ISABELLA MIRANDA, by and through her Guardian ad Litem, David Miranda, and WYATT 28 MIRANDA, by and through his Guardian ad Litem, Rudy Miranda (collectively, “Plaintiffs”). The DECLARATION OF MAURICIO G. CEJA MADRIGAL IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT DocuSign Envelope ID: 703CBE56-7AA8-4E9D-BEBC-9718D6ABDCE2 1 facts set forth herein are known to me personally, and if called upon to testify, I could and would 2 competently testify thereto. 3 2. On February 4, 2020, I was involved in a rear-end collision with Stephanie Miranda 4 while I was stopped to the right of the shoulder of the northbound US 101 off-ramp to Bicentennial 5 Way. 6 3. At the time of the collision, I was operating a tractor owned by defendant CARRERA 7 GARCIA TRANSPORT, LLC (“CGT”) hauling a trailer owned by defendant WADE 8 TRANSPORTATION COMPANY. I was heading to my final destination at Eagle Distribution in 9 Santa Rosa, California. 10 4. Shortly after midnight on February 4, 2020, I pulled my vehicle over to the off-ramp 11 to enter the location of my final destination into my GPS and search for a place to sleep. 12 5. I only intended to stop for approximately five minutes to safely use my GPS. 13 6. Because I only intended to stop briefly on the shoulder of the off-ramp for a few 14 minutes, I left the vehicle’s lights on and engine running, and also engaged the vehicle’s hazard 15 lights so the vehicle would be safely visible to other drivers. The vehicle’s lights and hazard lights 16 were on when the collision occurred. There were no visual obstructions on the approach to the 17 shoulder of the off-ramp where I had stopped my vehicle. 18 7. Approximately three minutes after I had pulled over, Ms. Miranda struck the rear- 19 end of the stopped trailer with her vehicle. 20 8. At the time of the collision, my vehicle was fully on the shoulder of the off-ramp 21 with about two feet of room between the left side of the truck and the start of the shoulder. There 22 were no signs restricting or prohibiting parking on that portion of the off-ramp shoulder. 23 9. Prior to the incident on February 4, 2020, I had not been involved in any other motor 24 vehicle collisions. 25 10. At the time of the collision, I qualified for and maintained a Class A Commercial 26 Driver’s License. I had also been approved by CGT’s insurance company to operate heavy vehicles 27 like the one involved in the collision in this case. 28 / / / 2 DECLARATION OF MAURICIO G. CEJA MADRIGAL IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT DocuSign Envelope ID: 703CBE56-7AA8-4E9D-BEBC-9718D6ABDCE2 1 11. I took photographs of the scene of the incident after emergency responders arrived. 2 The tractor-trailer’s lights and hazard lights illuminated in the photographs are the same lights I had 3 engaged when I pulled over to the shoulder of the off-ramp and had been engaged when Ms. Miranda 4 rear-ended the trailer. The tractor-trailer’s location on the shoulder of the off-ramp had not changed 5 between the time of collision and the time I took the photographs. Attached as Exhibit A are true 6 and correct copies of the photographs I took of the vehicles at the scene of the incident on February 7 4, 2020. 8 9 Executed on June 28, 2023, at Reedley, California. 10 11 Mauricio G. Ceja Madrigal 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF MAURICIO G. CEJA MADRIGAL IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT EXHIBIT A ** ■ * i ■ * ■ * *■ 4 v V *- *» ► * '« • r ¥ P m 9 T* * ■ - ■ ' ■ i >* 1 Y» ■ ^Tm it T T 4-1—f‘T * *- « !» V m a a i • Ufl r m * t * I ■r * ; 4 * J.l kS * « 1 * I 1 1. 4 » t * I * * / u t