On March 21, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Mahaffey, Ashley,
Mahaffey, Brian,
and
Colorama Wholesale Nursery,
Medina, Jose,
Wilson, Richard,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
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Kimberly
FILED
Oberrecht [c.s.B. No. 190794]
s.
Cherie A. Enge [C.s.B. No. 134998]
SUPER'OR COURT 0F
WW?“
Andrew B. Dorr [C.S.B. No. 3 17546] ngfigvgfifimfiwgé '
HORTON, OBERRECHT & KIRKPATRICK
101 W. Broadway, Suite 600 MAR 2 6 2021
San Diego, California 92101
(619) 232-1183 * (619) 696-5719 [facsimile]
QOMfiWN By
ANAIcon -
mas .DE U1“?
Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA
WHOLESALE NURSERY dba COLORAMA
SUPERIOR COURT OF THE STATE OF CALIFORNIA FAX
IN AND FOR THE COUNTY OF SAN BERNARDINO
1o CENTRAL JUDICIAL DISTRICT
BY
11 BRIAN MAHAFFEY & ASHLEY MAHAFFEY, CASE NO. CIVDS1908657
)
12 Plaintiff, SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS
13 VS.
IN SUPPORT OF DEFENDANTS’
MOTION FOR SUMMARY
14 RICHARD WILSON; JOSE MEDINA; ADJUDICATION
COLORAMA WHOLESALE NURSERY dba vvvvvvvvvvvv
15 COLORAMA, and DOES 1 through 100, Action Filed: March 21, 2019
Inclusive,
Trial Date: July 19, 2021
16
Defendants. Dept. S30
17
18 Pursuant to California Code of Civil Procedure
§437c and California Rule of Court, Rule
19 3.1350, Defendants RICHARD WESON, JOSE MEDINA, and COLORAMA WHOLESALE
20 NURSERY dba COLORAMA hereby submit the following Separate Statement of Undisp
uted
21 Material Facts in Support of their Motion for Summary Adjudication:
22
MOVING PARTY’S UNDISPUTED OPPOSING PARTY’S RESPONSE AND
23
MATERIAL FACTS AND SUPPORTING SUPPORTING EVIDENCE
EVIDENCE
24 1. Plaintiff was terminated from his
employment with a company named Action
25 Pumping, Inc. in approximately May 2017.
26 Supporting Evidence
Exhibit C; Exhibit F at 3:4-12
27
28
SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPO
RT OF
DEFENDANTS’ MOTION FOR SUMMARY ADJUDICATION
1.
2. On May 2017, Action Pumping, Inc.
15,
sent him a letter stating that as a result
0f his
termination, all of the stock Plaintiff had
would be relinquished and distributed to
other shareholders.
Supporting Evidence
Exhibit C
3. Plaintiffowned approximately 20% of the
shares in that company, and posits that the
total value of his stock was around $2
million.
Supporting Evidence
Exhibit D; Exhibit F at 3 1:18—25, 33:18-34:1
filed a lawsuit against Action
4. Plaintiff
Pumping, Inc. (“Action Pumping”) around
October 2017.
Supgorting Evidence
Exhibit F at 33:10-17, 3817-1 1; Exhibit E
5. Plaintiff contends that he was wrongfully
terminated and sought to recover the value of
the shares that he believes were “stolen” from
him.
Supgorting Evidence
Exhibit F at 3221-7
6. The accident giving rise to this lawsuit
then happened on April 11, 2018, on the
Kickapoo Trail near Highway 62 in Yucca
Valley, California.
Supporting Evidence
Exhibit F at 11:20-23, 9728-17
7. Plaintiff eventually settled his dispute with
Action Pumping around September 2019.
Plaintiff signed a release and was paid a
confidential amount to resolve his claim.
Supporting Evidence
Exhibit E;
8. Plaintiff asserts the accident giving rise
to
the instant lawsuit also forced him to settle
the case against Action Pumping.
Sumorting Evidence
Exhibit F at 32: 15-20
SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPO
RT OF
DEFENDANTS’ MOTION FOR SUMMARY ADJUDICATION
2.
Document Filed Date
March 26, 2021
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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Kimberly FILED Oberrecht [c.s.B. No. 190794] s. Cherie A. Enge [C.s.B. No. 134998] SUPER'OR COURT 0F WW?“ Andrew B. Dorr [C.S.B. No. 3 17546] ngfigvgfifimfiwgé ' HORTON, OBERRECHT & KIRKPATRICK 101 W. Broadway, Suite 600 MAR 2 6 2021 San Diego, California 92101 (619) 232-1183 * (619) 696-5719 [facsimile] QOMfiWN By ANAIcon - mas .DE U1“? Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE NURSERY dba COLORAMA SUPERIOR COURT OF THE STATE OF CALIFORNIA FAX IN AND FOR THE COUNTY OF SAN BERNARDINO 1o CENTRAL JUDICIAL DISTRICT BY 11 BRIAN MAHAFFEY & ASHLEY MAHAFFEY, CASE NO. CIVDS1908657 ) 12 Plaintiff, SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS 13 VS. IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY 14 RICHARD WILSON; JOSE MEDINA; ADJUDICATION COLORAMA WHOLESALE NURSERY dba vvvvvvvvvvvv 15 COLORAMA, and DOES 1 through 100, Action Filed: March 21, 2019 Inclusive, Trial Date: July 19, 2021 16 Defendants. Dept. S30 17 18 Pursuant to California Code of Civil Procedure §437c and California Rule of Court, Rule 19 3.1350, Defendants RICHARD WESON, JOSE MEDINA, and COLORAMA WHOLESALE 20 NURSERY dba COLORAMA hereby submit the following Separate Statement of Undisp uted 21 Material Facts in Support of their Motion for Summary Adjudication: 22 MOVING PARTY’S UNDISPUTED OPPOSING PARTY’S RESPONSE AND 23 MATERIAL FACTS AND SUPPORTING SUPPORTING EVIDENCE EVIDENCE 24 1. Plaintiff was terminated from his employment with a company named Action 25 Pumping, Inc. in approximately May 2017. 26 Supporting Evidence Exhibit C; Exhibit F at 3:4-12 27 28 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPO RT OF DEFENDANTS’ MOTION FOR SUMMARY ADJUDICATION 1. 2. On May 2017, Action Pumping, Inc. 15, sent him a letter stating that as a result 0f his termination, all of the stock Plaintiff had would be relinquished and distributed to other shareholders. Supporting Evidence Exhibit C 3. Plaintiffowned approximately 20% of the shares in that company, and posits that the total value of his stock was around $2 million. Supporting Evidence Exhibit D; Exhibit F at 3 1:18—25, 33:18-34:1 filed a lawsuit against Action 4. Plaintiff Pumping, Inc. (“Action Pumping”) around October 2017. Supgorting Evidence Exhibit F at 33:10-17, 3817-1 1; Exhibit E 5. Plaintiff contends that he was wrongfully terminated and sought to recover the value of the shares that he believes were “stolen” from him. Supgorting Evidence Exhibit F at 3221-7 6. The accident giving rise to this lawsuit then happened on April 11, 2018, on the Kickapoo Trail near Highway 62 in Yucca Valley, California. Supporting Evidence Exhibit F at 11:20-23, 9728-17 7. Plaintiff eventually settled his dispute with Action Pumping around September 2019. Plaintiff signed a release and was paid a confidential amount to resolve his claim. Supporting Evidence Exhibit E; 8. Plaintiff asserts the accident giving rise to the instant lawsuit also forced him to settle the case against Action Pumping. Sumorting Evidence Exhibit F at 32: 15-20 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPO RT OF DEFENDANTS’ MOTION FOR SUMMARY ADJUDICATION 2.