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SCHUMANN ROSENBERG & AREVALO LLP
ERIC AREVALO (CSB N0. 255725)
Arevalo@SchumannR0senberg.com
MARLYS K. BRAUN (CSB No. 158343) W 09 3
Braun@SchumannR0senberg.com
kw 3100 Bristol Street, Suite 100 j i .,
«‘1; .{3’
Costa Mesa, CA 92626
Telephone (7 1 4) 850-02 1 0 w z.
_. ,
BY; Cesar H. gepév Depuu
Facsimile (7 14) 850-0551 éfiggg
fi
Attorneys for Defendants, PRISCILLA HUNT and BESSEMER TRUST COMPANY, N.A., as
Co-Trustees of the Donald G. Hunt Living Trust, and HUNT ENTERPRISES, INC.
@mflfim
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
BY FAx
10
YOLANDA JUAREZ ALVAREZ, an Case No.: CIVDSl916334
LLP individual, Judge: Hon. Thomas S. Garza
11
Department: S-27
Plaintiff,
12
SEPARATE STATEMENT OF
AREVALO
13
v. UNDISPUTED MATERIAL FACTS AND
100
92626-7333
SUPPORTING EVIDENCE IN SUPPORT
14
HUNT PRISCILLA LIVING TRUST; CITY OF MOTION BY DEFENDANT, HUNT
& LAW
SUITE
850-0210
OF FONTANA, and DOES 1 through 100, ENTERPRISES, INC., FOR SUMMARY
AT 15
inclusive, JUDGMENT
STREET,
(714)
CALIFORNIA
Defendants, [Filed with Notice of Motion, Memorandum
16
ROSENBERG
ATTORNEYS
0f Points and Authorities, Appendix 0f
Evidence, Request for Judicial Notice, and
TELEPHONE:
BRISTOL
MESA, —and-
17
Motion for Summary Judgment 0f Priscilla
3100
COSTA 18
JUAN HERNANDEZ, an individual, Hunt and Bessemer Trust Company, N.A., as
Co-Trustees 0f the Donald G. Hunt Living
19
Nominal Defendant. Trust]
SCHUMANN
20
DATE: May 17, 2023
TIME: 8:30 a.m.
21
DEPT.: S—27
22
Date Action Filed: May 3 1, 2019
Trial Date: July 3 1, 2023
23
T0 THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF
24
RECORD:
25
NOTICE IS HEREBY GIVEN on May 17, 2023, at 8:30 a.m., 0r as soon thereafter as the
26
matter can be héard, in Department S-27 of the above-entitled Court, located at 247 West Third
27
Street, San Bernardino, California, Defendant, HUNT ENTERPRISES, INC. (“Hunt Enterprises”),
28
will and hereby does move, pursuant t0 Code 0f Civil Procedure section 437C and other applicable
_1_
SEPARATE STATEMENT ISO MOTION BY DEFENDANT, HUNT ENTERPRISES, FOR SUMMARY
JUDGMENT
statutes and case law, for an Order granting summary judgment in favor of Hunt Enterprises and
against Plaintiff, YOLANDA JUAREZ ALVAREZ (“Plaintiff”), on Plaintiffs Second Amended
Complaint (“SAC”) and its sole cause of action against Hunt Enterprises: the First Cause of Action
for Negligence.
Hunt Enterprises submits this Separate Statement of Undisputed Material Facts with
\quam&w references to the concurrently—filed supporting evidence pursuant to Code of Civil Procedure
section 437c(b) and California Rules of Court, Rule 3.1350 in support 0f its concurrently-filed
Motion.
[Notez A11 exhibits and the declaration referred t0 herein are attached as identified in the
10 concurrently-filed Appendix 0f Evidence of Defendants, PRISCILLA HUNT and BESSEMER
LLP
11 TRUST COMPANY, N.A., as Co—Trustees 0f the DONALD G. HUNT LIVING TRUST, and
12 HUNT ENTERPRISES, INC., Supporting Motions for Summary Judgment]
AREVALO
100
13 I. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS SUPPORTING
92626-7333
SUITE 14 MOTION FOR SUMMARY JUDGMENT
& LAW
850-0210
AT
STREET,
(714)
15
CALIFORNIA
ROSENBERG
ATTORNEYS
16 MOVING PARTY’S UNDISPUTED OPPOSING PARTY’S RESPONSE AND
BRISTOL
MESA,
TELEPHONE:
MATERIAL FACTS AND SUPPORTING EVIDENCE:
17 EVIDENCE:
3100
COSTA 18
1. Plaintiff alleges that Decedent, Eric 1.
19
SCHUMANN
Dejesus Serrano (“Decadent”), 0n or about
20
July 25, 2018, was riding his motorcycle on
21
“Cherry Avenue, at or about its intersection
22
with Village Drive [in Fontana, California],
23
when a vehicle, exiting the property of the
24
Private Property Defendants failed to yield to
25
oncoming traffic, [and] struck and killed
26
Plaintiffs Decedent” (the “Subject Accident”
27
herein).
28
-2-
SEPARATE STATEMENT lSO MOTION BY DEFENDANT, HUNT ENTERPRISES, FOR SUMMARY
JUDGMENT
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SCHUMANN ROSENBERG & AREVALO LLP ERIC AREVALO (CSB N0. 255725) Arevalo@SchumannR0senberg.com MARLYS K. BRAUN (CSB No. 158343) W 09 3 Braun@SchumannR0senberg.com kw 3100 Bristol Street, Suite 100 j i ., «‘1; .{3’ Costa Mesa, CA 92626 Telephone (7 1 4) 850-02 1 0 w z. _. , BY; Cesar H. gepév Depuu Facsimile (7 14) 850-0551 éfiggg fi Attorneys for Defendants, PRISCILLA HUNT and BESSEMER TRUST COMPANY, N.A., as Co-Trustees of the Donald G. Hunt Living Trust, and HUNT ENTERPRISES, INC. @mflfim SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO BY FAx 10 YOLANDA JUAREZ ALVAREZ, an Case No.: CIVDSl916334 LLP individual, Judge: Hon. Thomas S. Garza 11 Department: S-27 Plaintiff, 12 SEPARATE STATEMENT OF AREVALO 13 v. UNDISPUTED MATERIAL FACTS AND 100 92626-7333 SUPPORTING EVIDENCE IN SUPPORT 14 HUNT PRISCILLA LIVING TRUST; CITY OF MOTION BY DEFENDANT, HUNT & LAW SUITE 850-0210 OF FONTANA, and DOES 1 through 100, ENTERPRISES, INC., FOR SUMMARY AT 15 inclusive, JUDGMENT STREET, (714) CALIFORNIA Defendants, [Filed with Notice of Motion, Memorandum 16 ROSENBERG ATTORNEYS 0f Points and Authorities, Appendix 0f Evidence, Request for Judicial Notice, and TELEPHONE: BRISTOL MESA, —and- 17 Motion for Summary Judgment 0f Priscilla 3100 COSTA 18 JUAN HERNANDEZ, an individual, Hunt and Bessemer Trust Company, N.A., as Co-Trustees 0f the Donald G. Hunt Living 19 Nominal Defendant. Trust] SCHUMANN 20 DATE: May 17, 2023 TIME: 8:30 a.m. 21 DEPT.: S—27 22 Date Action Filed: May 3 1, 2019 Trial Date: July 3 1, 2023 23 T0 THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF 24 RECORD: 25 NOTICE IS HEREBY GIVEN on May 17, 2023, at 8:30 a.m., 0r as soon thereafter as the 26 matter can be héard, in Department S-27 of the above-entitled Court, located at 247 West Third 27 Street, San Bernardino, California, Defendant, HUNT ENTERPRISES, INC. (“Hunt Enterprises”), 28 will and hereby does move, pursuant t0 Code 0f Civil Procedure section 437C and other applicable _1_ SEPARATE STATEMENT ISO MOTION BY DEFENDANT, HUNT ENTERPRISES, FOR SUMMARY JUDGMENT statutes and case law, for an Order granting summary judgment in favor of Hunt Enterprises and against Plaintiff, YOLANDA JUAREZ ALVAREZ (“Plaintiff”), on Plaintiffs Second Amended Complaint (“SAC”) and its sole cause of action against Hunt Enterprises: the First Cause of Action for Negligence. Hunt Enterprises submits this Separate Statement of Undisputed Material Facts with \quam&w references to the concurrently—filed supporting evidence pursuant to Code of Civil Procedure section 437c(b) and California Rules of Court, Rule 3.1350 in support 0f its concurrently-filed Motion. [Notez A11 exhibits and the declaration referred t0 herein are attached as identified in the 10 concurrently-filed Appendix 0f Evidence of Defendants, PRISCILLA HUNT and BESSEMER LLP 11 TRUST COMPANY, N.A., as Co—Trustees 0f the DONALD G. HUNT LIVING TRUST, and 12 HUNT ENTERPRISES, INC., Supporting Motions for Summary Judgment] AREVALO 100 13 I. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS SUPPORTING 92626-7333 SUITE 14 MOTION FOR SUMMARY JUDGMENT & LAW 850-0210 AT STREET, (714) 15 CALIFORNIA ROSENBERG ATTORNEYS 16 MOVING PARTY’S UNDISPUTED OPPOSING PARTY’S RESPONSE AND BRISTOL MESA, TELEPHONE: MATERIAL FACTS AND SUPPORTING EVIDENCE: 17 EVIDENCE: 3100 COSTA 18 1. Plaintiff alleges that Decedent, Eric 1. 19 SCHUMANN Dejesus Serrano (“Decadent”), 0n or about 20 July 25, 2018, was riding his motorcycle on 21 “Cherry Avenue, at or about its intersection 22 with Village Drive [in Fontana, California], 23 when a vehicle, exiting the property of the 24 Private Property Defendants failed to yield to 25 oncoming traffic, [and] struck and killed 26 Plaintiffs Decedent” (the “Subject Accident” 27 herein). 28 -2- SEPARATE STATEMENT lSO MOTION BY DEFENDANT, HUNT ENTERPRISES, FOR SUMMARY JUDGMENT