Preview
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SA {i NIA
FILING FEE EXEMPT PURSUANT TO
Nathan A. Oyster (SBN 225307) GOVERNMENT CODE § 6103
E-mail: noyster@bwslaw.com
Stephanie A. Quartararo (SBN 317976)
E-mail: uartararo@bwslaw.com
BURKE, WILLIAMS & SORENSEN, LLP SUPER}
444 South Flower Street, Suite 2400 SOUNT Y
SAN BE Here
‘ORNIA
DINO
Los Angeles, CA 90071-2953 Cr
Tel: 213.236.0600 Fax: 213.236.2700
FEB 98 70122
Attorneys for Defendants
CITY OF RIALTO (Sued herein also as CITY OF by
RIALTO POLICE DEPARTMENT) and THAR
SEPUTY
NICHOLAS ADAM BESHEER
IA
SUPERIOR COURT OF THE STATE OF CALIFORN
FOR THE COUNTY OF SAN BERNARDINO
10
11
12
13
RICARDO GOMEZ, an Individual,
Plaintiff,
Case No. CIVDS2009827
AMENDED NOTICE OF HEARING ON
DEFENDANTS CITY OF RIALTO AND
‘
v NICHOLAS ADAM BESHEER’S MOTION
FOR SUMMARY JUDGMENT OR IN THE
14
CITY OF RIALTO POLICE ALTERNATIVE, SUMMARY
DEPARTMENT.., a Government Entity; ADJUDICATION
15
CITY OF RIALTO, a Government entity;
Date: April 18, 2022
16 NICHOLAS ADAM BESHEER, an
Time: 9:00 a.m.
Individual; and DOES 1 through 50,
Inclusive, Dept.: $27
17
Defendants. JFAP: Honorable Thomas S. Garza
18 Dept. S27
19 Action Filed: May 29, 2020
Trial Date: May 23, 2022
20
21
OF RECORD:
22 TO ALL PARTIES AND TO THEIR ATTORNEYS
for April 19, 2022, will
23 PLEASE TAKE NOTICE that the hearing, previously noticed
of the San Bernardino Superior Court
24 be heard on April 18, 2022 at 9:00 a.m. in Department $27
92415-0210, or as soon thereafter as
25 Civil Division, 247 West Third Street, San Bernardino, CA
NICHOLAS ADAM
26 the matter may be heat rd, Defendants CITY OF RIALTO (“City”) and
for summary judgment or in the
27 BESHEER (“Officer Besheer”) shall, and hereby do, move
Z (hereinafter “Plaintiff”),
28 alternative, summary adjudication, against Plaintiff RICARDO GOME
BURKE, WILLIAMS & LA #4878-3056-7693 v1
-1-
SORENSEN, LLP MOTION FOR
ATTORNEYS ATLAW DEFENDANTS’ AMENDED NOTICE OF HEARING ON
ON
Los ANGELES SUMMARY JUDGMENT OR SUMMARY ADJUDICATI
ure Section 437(c),(f)
and for such other r relief as may be just pursuant to Code of Civil Proced
and Rule 3.1350.
tive, summary adjudication, on
Defendants move for summary judgment, or in the alterna
the following grounds:
cer Besheer”) is entitled
Issue No. 1: Rialto Police Officer Nicholas Adam Besheer (“Offi
negli; gence because Officer
to summary judgment of Plaintiff's first and only cause of action for
responding to an emergency call
Besheer was operating an emergency vehicle, in the line of duty,
y under Vehicle Code section
at the time of the incident and is therefore immune from liabilit
17004.
ry judgment of Plaintiff's
10 Issue No. 2: Rialto Police Officer Besheer is entitled to summa
Besheer operated his authorized
i first and only cause of action for negligence because Officer
ncy situation, with lights
12 emergency vehicle with reasonable care taking into account the emerge
§§ 21055, 21056.)
13 and sirens activated, at the time of the incident. (See Veh. Code
Plaintiff's first and
14 Issue No. 3: The City of Rialto is entitled to summary judgment of
d his authorized emergency
15 only cause of action for negligence because Officer Besheer operate
, with lights an \d sirens
16 vehicle with reasonable care taking into account the emergency situation
21056.)
17 activated, at the time of the incident. (See Veh. Code §§ 21055,
of action for
18 Accordingly, Defendants are entitled to judgment on Plaintiff's sole cause
19 negligence as a matter of law.
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23 MW
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26 Mt
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28 Mt
Burke, WILLIAMS & LA #4878-3056-7693 v1
-2-
SORENSEN, LLP ON MOTION FOR
ATPORNEYS AT LAW DEFENDANTS’ AMENDED NOTICE OF HEARING
ON
Los ANGHLES SUMMARY JUDGMENT OR SUMMARY ADJUDICATI
Preview
nN (f3\ SA {i NIA FILING FEE EXEMPT PURSUANT TO Nathan A. Oyster (SBN 225307) GOVERNMENT CODE § 6103 E-mail: noyster@bwslaw.com Stephanie A. Quartararo (SBN 317976) E-mail: uartararo@bwslaw.com BURKE, WILLIAMS & SORENSEN, LLP SUPER} 444 South Flower Street, Suite 2400 SOUNT Y SAN BE Here ‘ORNIA DINO Los Angeles, CA 90071-2953 Cr Tel: 213.236.0600 Fax: 213.236.2700 FEB 98 70122 Attorneys for Defendants CITY OF RIALTO (Sued herein also as CITY OF by RIALTO POLICE DEPARTMENT) and THAR SEPUTY NICHOLAS ADAM BESHEER IA SUPERIOR COURT OF THE STATE OF CALIFORN FOR THE COUNTY OF SAN BERNARDINO 10 11 12 13 RICARDO GOMEZ, an Individual, Plaintiff, Case No. CIVDS2009827 AMENDED NOTICE OF HEARING ON DEFENDANTS CITY OF RIALTO AND ‘ v NICHOLAS ADAM BESHEER’S MOTION FOR SUMMARY JUDGMENT OR IN THE 14 CITY OF RIALTO POLICE ALTERNATIVE, SUMMARY DEPARTMENT.., a Government Entity; ADJUDICATION 15 CITY OF RIALTO, a Government entity; Date: April 18, 2022 16 NICHOLAS ADAM BESHEER, an Time: 9:00 a.m. Individual; and DOES 1 through 50, Inclusive, Dept.: $27 17 Defendants. JFAP: Honorable Thomas S. Garza 18 Dept. S27 19 Action Filed: May 29, 2020 Trial Date: May 23, 2022 20 21 OF RECORD: 22 TO ALL PARTIES AND TO THEIR ATTORNEYS for April 19, 2022, will 23 PLEASE TAKE NOTICE that the hearing, previously noticed of the San Bernardino Superior Court 24 be heard on April 18, 2022 at 9:00 a.m. in Department $27 92415-0210, or as soon thereafter as 25 Civil Division, 247 West Third Street, San Bernardino, CA NICHOLAS ADAM 26 the matter may be heat rd, Defendants CITY OF RIALTO (“City”) and for summary judgment or in the 27 BESHEER (“Officer Besheer”) shall, and hereby do, move Z (hereinafter “Plaintiff”), 28 alternative, summary adjudication, against Plaintiff RICARDO GOME BURKE, WILLIAMS & LA #4878-3056-7693 v1 -1- SORENSEN, LLP MOTION FOR ATTORNEYS ATLAW DEFENDANTS’ AMENDED NOTICE OF HEARING ON ON Los ANGELES SUMMARY JUDGMENT OR SUMMARY ADJUDICATI ure Section 437(c),(f) and for such other r relief as may be just pursuant to Code of Civil Proced and Rule 3.1350. tive, summary adjudication, on Defendants move for summary judgment, or in the alterna the following grounds: cer Besheer”) is entitled Issue No. 1: Rialto Police Officer Nicholas Adam Besheer (“Offi negli; gence because Officer to summary judgment of Plaintiff's first and only cause of action for responding to an emergency call Besheer was operating an emergency vehicle, in the line of duty, y under Vehicle Code section at the time of the incident and is therefore immune from liabilit 17004. ry judgment of Plaintiff's 10 Issue No. 2: Rialto Police Officer Besheer is entitled to summa Besheer operated his authorized i first and only cause of action for negligence because Officer ncy situation, with lights 12 emergency vehicle with reasonable care taking into account the emerge §§ 21055, 21056.) 13 and sirens activated, at the time of the incident. (See Veh. Code Plaintiff's first and 14 Issue No. 3: The City of Rialto is entitled to summary judgment of d his authorized emergency 15 only cause of action for negligence because Officer Besheer operate , with lights an \d sirens 16 vehicle with reasonable care taking into account the emergency situation 21056.) 17 activated, at the time of the incident. (See Veh. Code §§ 21055, of action for 18 Accordingly, Defendants are entitled to judgment on Plaintiff's sole cause 19 negligence as a matter of law. 20 I 21 Mt 22 It 23 MW 24 M1 25 it 26 Mt 27 Ml 28 Mt Burke, WILLIAMS & LA #4878-3056-7693 v1 -2- SORENSEN, LLP ON MOTION FOR ATPORNEYS AT LAW DEFENDANTS’ AMENDED NOTICE OF HEARING ON Los ANGHLES SUMMARY JUDGMENT OR SUMMARY ADJUDICATI