On September 30, 2020 a
Party Statement
was filed
involving a dispute between
Cunha, Arthur Joseph,
and
Chaffey Joint Union High School District,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
L E D
SUPERIOR COURT 0F CAUFORNIA
§6103
STEPHEN M. HARBER, STATE BAR COUNTY 0F SAN BERNARDvNo
Fees #1 19830 SAN BERNARmNa DISTRICT
AMY ARSENEAUX EVENSTAD, STATE BAR #305828
MCCUNE & HARBER, LLP MAR 2 9 2022
Code
m
515 South Figueroa Street, Suite 100
Los Angeles, California 90071
Telephone: (213) 689-2500
Facsimile: (213) 689-2501
l
BY $7M
PAULETTE RODRIGUEZ. DEPUTY
Govt.
Fm sharber@mccuneharber.com and aevenstad@mccuneharber.com
Cr Attorneys for Defendant, CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT
mm
PUrsuantt
Em SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO, CENTRAL DISTRICT
$01 _CI§
ARTHUR JOSEPH CUNHA, an individual, Case N0: CIVDS2021 132
“3:1
z) :1Na’l33w Assigned t0 Hon. Thomas S. Garza, Dept. $27
l HJflOS
(SI?)
(s IHDNV
?9
Plaintiff, (Complaint filed 0n September 30, 2020)
'sa
SEPARATE STATEMENT OF UNDISPUTED
009F689
vf)
IOSZ'689
VUHHHDH ’HJHHVH
vs.
114006
'.LS
d‘I’]
MATERIAL FACTS IN SUPPORT OF
CHAFFEY JOINT UNION HIGH SCHOOL MOTION FOR SUMMARY JUDGMENT, OR
DISTRICT; and DOES through 50,
1 IN THE ALTERNATIVE, SUMMARY
Inclusive, ADJUDICATION
Defendants. [Filed concurrently with Notice0f Motion and
Motion; Evidence in Support; [Proposed] Order]
NNNNNNNNNt—HH—u—au—au—ap—a...
DATE: June 13, 2022
TIME: 9:00 a.m.
DEPT: $27
OOQOUIJkWN—‘OOOOQQUIAUJNW
Trial Date: August 22, 2022
TO THE COURT, ALL PARTIES AND ATTORNEYS OF RECORD:
Pursuant to Code of Civil Procedure § 437c(b) and Califomia Rule of Court 3.1350, Defendant
CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT (the “District”) hereby submits the following
Separate Statement 0f Undisputed Material Facts in support of its Motion for Summary Judgment, or, in
the alternative, Summary Adjudication.
///
///
10700046 Separate Slnlcmcm ()I‘Undisputcd Mulcriul
1
ISSUE NO. l: Plaintiff’s First Cause of Action for Negligence fails because plaintiff cannot meet
2 one or more of the elements of such a claim under the Government Code.
4
MOVING PARTY’S UNDISPUTED OPPOSING PARTY’S RESPONSE AND
MATERIAL FACTS AND SUPPORTING SUPPORTING EVIDENCE
5 EVIDENCE
6 1. Plaintiff went to Rancho Cucamonga High
7 School. In high school, he participated in
8 cross country and track and field; Terry
9 Tiemey was his coach.
10
1 1
Supponing Evidence:
WA
(stz) Declaration of Amy A. Evenstad (“Evenstad
10:0689 Decl.”), Exhibit B: Deposition ofPlaintiff
(“Plaintiff Depo.”), pp. 2928-17, 32:3-1 l, 34:3-9,
15 36: 1—20, 38:18—24, 45:7-24.
16 2. Plaintiff, who was 17 years old at the time,
17 suffered an injury to his eye at school on May
18 21, 2019. This incident occurred on the
19 second to last day ofhisjunior year Vin the last
20 period 0f the day during a cross country/track
21 and field P.E_ Class.
22
23 Supporting Evidence:
24 PlaintiffDepo., pp. 38:25—39; 3, 1 4622-485,
25 49:3-24, 60:10-18.
26 3. The team typically had a “free” day at this
27 P.E. class where the students could play
28 whatever spon they wanted. A group of about
-2-
10700046 Scpamlc Slnlcmcnl ()t‘Undisputcd Malcriul
Document Filed Date
March 29, 2022
Case Filing Date
September 30, 2020
Category
Other PI/PD/WD Unlimited
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L E D SUPERIOR COURT 0F CAUFORNIA §6103 STEPHEN M. HARBER, STATE BAR COUNTY 0F SAN BERNARDvNo Fees #1 19830 SAN BERNARmNa DISTRICT AMY ARSENEAUX EVENSTAD, STATE BAR #305828 MCCUNE & HARBER, LLP MAR 2 9 2022 Code m 515 South Figueroa Street, Suite 100 Los Angeles, California 90071 Telephone: (213) 689-2500 Facsimile: (213) 689-2501 l BY $7M PAULETTE RODRIGUEZ. DEPUTY Govt. Fm sharber@mccuneharber.com and aevenstad@mccuneharber.com Cr Attorneys for Defendant, CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT mm PUrsuantt Em SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO, CENTRAL DISTRICT $01 _CI§ ARTHUR JOSEPH CUNHA, an individual, Case N0: CIVDS2021 132 “3:1 z) :1Na’l33w Assigned t0 Hon. Thomas S. Garza, Dept. $27 l HJflOS (SI?) (s IHDNV ?9 Plaintiff, (Complaint filed 0n September 30, 2020) 'sa SEPARATE STATEMENT OF UNDISPUTED 009F689 vf) IOSZ'689 VUHHHDH ’HJHHVH vs. 114006 '.LS d‘I’] MATERIAL FACTS IN SUPPORT OF CHAFFEY JOINT UNION HIGH SCHOOL MOTION FOR SUMMARY JUDGMENT, OR DISTRICT; and DOES through 50, 1 IN THE ALTERNATIVE, SUMMARY Inclusive, ADJUDICATION Defendants. [Filed concurrently with Notice0f Motion and Motion; Evidence in Support; [Proposed] Order] NNNNNNNNNt—HH—u—au—au—ap—a... DATE: June 13, 2022 TIME: 9:00 a.m. DEPT: $27 OOQOUIJkWN—‘OOOOQQUIAUJNW Trial Date: August 22, 2022 TO THE COURT, ALL PARTIES AND ATTORNEYS OF RECORD: Pursuant to Code of Civil Procedure § 437c(b) and Califomia Rule of Court 3.1350, Defendant CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT (the “District”) hereby submits the following Separate Statement 0f Undisputed Material Facts in support of its Motion for Summary Judgment, or, in the alternative, Summary Adjudication. /// /// 10700046 Separate Slnlcmcm ()I‘Undisputcd Mulcriul 1 ISSUE NO. l: Plaintiff’s First Cause of Action for Negligence fails because plaintiff cannot meet 2 one or more of the elements of such a claim under the Government Code. 4 MOVING PARTY’S UNDISPUTED OPPOSING PARTY’S RESPONSE AND MATERIAL FACTS AND SUPPORTING SUPPORTING EVIDENCE 5 EVIDENCE 6 1. Plaintiff went to Rancho Cucamonga High 7 School. In high school, he participated in 8 cross country and track and field; Terry 9 Tiemey was his coach. 10 1 1 Supponing Evidence: WA (stz) Declaration of Amy A. Evenstad (“Evenstad 10:0689 Decl.”), Exhibit B: Deposition ofPlaintiff (“Plaintiff Depo.”), pp. 2928-17, 32:3-1 l, 34:3-9, 15 36: 1—20, 38:18—24, 45:7-24. 16 2. Plaintiff, who was 17 years old at the time, 17 suffered an injury to his eye at school on May 18 21, 2019. This incident occurred on the 19 second to last day ofhisjunior year Vin the last 20 period 0f the day during a cross country/track 21 and field P.E_ Class. 22 23 Supporting Evidence: 24 PlaintiffDepo., pp. 38:25—39; 3, 1 4622-485, 25 49:3-24, 60:10-18. 26 3. The team typically had a “free” day at this 27 P.E. class where the students could play 28 whatever spon they wanted. A group of about -2- 10700046 Scpamlc Slnlcmcnl ()t‘Undisputcd Malcriul