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SCHUMANN AREVALO LLP SUPERIORchulfiT Er cDALupoRmA
ERIC AREVALO (CSB No. 255725) ‘IZJUNTY OF SAN BERNARDINO
arevalogébcarlaw. us
MN BERNARD'NO DISTRICT
MARLYS K. BRAUN(CSB No. 336879)
DRIGINAL
braun carlaw.us NOV 0 2 2023
30 Corporate Park, Suite 100 Q‘
Irvine, CA 92606
Telephone (714) 850-0210
3 LA" WEL 1'
i
BY
OQQGMAMN—
Facsimile(714)850-055| CesarRLe .Depmy
Attorneys for Defendants/Cross-Dcfcndants, PRISCILLA Hunt and BESSEMER TRUST CO., as
Co-Trustce ofthe Donald G. Hunt Living Trust and HUNT ENTERPRISES, INC.
SUPERIOR COURT OF CALIFORNIA
FAX
COUNTY OF SAN BERNARDINO
H
YOLANDA JUAREZ ALVAREZ. an Case No.: CIVDSl9l6334
BY individual, Judge: Hon. Thomas S. Garza
u
Department: S-27
Plaintiff,
H
REPLY BY DEFENDANTS, PRISCILLA
t—
MAWNHO
v. HUNT AND BESSEMER TRUST
COMPANY, N.A., AS CO-TRUSTEES OF
u—A
HUNT PRISCILLA LIVING TRUST; CITY THE DONALD G. LIVING TRUST, T0
OF FONTANA, and DOES I through 100, SUPPLEMENTAL OPPOSITION TO
H
inclusive MOTION FOR SUMMARY JUDGMENT
Defendants, [Filed with Response t0 Plaintiff’s Separate
— Q
Statement of Additional Material Facts, and
-and- Memorandum 0f Evidentiary Objections]
- \l
JUAN HERNANDEZ, an individual, DATE: November 7, 2023
m
TIME: 8:30 a.m.
Nominal Defendant. DEPT.: S-27
H
N
Date Action Filed: May 3 1 ,
2019
Trial Date: December 18, 2023
N T0 THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF
N qam8uN~c¢w
RECORD:
N NOTICE IS HEREBY GIVEN that Defendants, PRISCILLA HUNT and BESSEMER
N TRUST COMPANY, N.A., as Co-Trustees of the DONALD G. HUNT LIVING TRUST
N.N
(“DGHLT”), submit the below My to the Supplemental Opposition of Plaintiff. YOLANDA
JUAREZ ALVAREZ (“Plaintiff"), to DGHLT’s Motion for summaryjudgment on Plaintiff’s
N Second Amended Complaint.
-1-
REPLY BY DEFENDANTS, PRISCILLA HUNT AND BESSEMER TRUST COMPANY, N.A., AS C0-
TRUSTEES OF THE DONALD G. LIVING TRUST, TO SUPPLEMENTAL OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT
NOTE: This Reply and the concurrently-filed documents follow upon, supplement, and
incorporate by this reference as though fully set forth. DGHLT‘S Reply documents filed on May 12,
2023.
MEMORANDUM OF POINTS AND AUTHORITIES
OMQQMAWN—
I. THE EVIDENCE IS UNDISPUTED THAT DGHLT DID NOT OWN, POSSESS OR
CONTROL THE LAND OWNED BY DEFENDANT. CITY OF FONTANA, ON
WHICH TREES AND SHRUBERY EXIST THAT ARE ALLEGED TO HAVE
CREATED A VISUAL OBSTRUCTION.
A. The Undisputed Declaration of David E. Woolley, a Professional Land
Surveyor, and its Exhibits Conclusively Establish the Legal Boundaries of
DGHLT’s Land Which Does Not Include the “Parkway Strip” Containing
Trees and Shrubbery That Plaintiff Identifies as the Involved Dangerous
Condition.
Plaintiff‘s Supplemental Opposition ignores and does not discuss the undisputed facts
presented by the Declaration of David E. Woolley, a Professional Land Surveyor, and its exhibits.
The evidence is truly undisputed that DGHLT did not own, possess 0r control the “parkway strip”
on which are located tress and Shrubbery that Plaintiff alleges and argues in her Reply documents
presented a visual obstruction to motorists in the course of the accident. This undisputed evidence
includes Expert Woolley’s Declaration and its exhibits which Plaintiff does not address in her
Opposition documents. She submits no evidence contrary to Expert Woolley’s Declaration. It
establishes the following undisputed facts:
NNNNNNNNH—mflnnmmu—
\IGUIAWNHGOWQOUIAWNHO
-
The property boundary lines of the I650 Cherry Avenue, Fontana,
real property at I
California, are coincident with the block wall along the westerly side of Cherry Avenue.
(UMF No. 5.)
-
The cones and wooden lath shown in the pictures attached to the Woollcy Dec]. as
Exhibits F-I, placed by personnel of D. Woolley & Associates,
Inc.‘during the involved
field survey, are a true and accurate representation of the public right-of-way line
adjacent to the property at l I650 Cherry Avenue, Fontana, California. (UMF No. 6.)
°
As depicted on the Topographic Exhibit (Map) attached as Exhibit E to the Woollcy
Decl., and as shown photographs attached as Exhibits F-I to the Woolley Decl., all
in the
signage. marked pavement. warning(s) on the roadways, and any other features adjacent
to the roadways ofCherry Avenue and Village Drive that are beyond
at the intersection
(i.e., on either side 0f the entrance to 1650 Cherry
to the right of) the block walls l
Avenue. Fontana. California. and the line that would connect them (as represented by the
-2-
REPLY BY DEFENDANTS, PRISCILLA HUNT AND BESSEMER TRUST COMPANY.N.A., AS CO-
TRUSTEES OF THE DONALD G. LIVING TRUST, TO SUPPLEMENTAL OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT
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SCHUMANN AREVALO LLP SUPERIORchulfiT Er cDALupoRmA ERIC AREVALO (CSB No. 255725) ‘IZJUNTY OF SAN BERNARDINO arevalogébcarlaw. us MN BERNARD'NO DISTRICT MARLYS K. BRAUN(CSB No. 336879) DRIGINAL braun carlaw.us NOV 0 2 2023 30 Corporate Park, Suite 100 Q‘ Irvine, CA 92606 Telephone (714) 850-0210 3 LA" WEL 1' i BY OQQGMAMN— Facsimile(714)850-055| CesarRLe .Depmy Attorneys for Defendants/Cross-Dcfcndants, PRISCILLA Hunt and BESSEMER TRUST CO., as Co-Trustce ofthe Donald G. Hunt Living Trust and HUNT ENTERPRISES, INC. SUPERIOR COURT OF CALIFORNIA FAX COUNTY OF SAN BERNARDINO H YOLANDA JUAREZ ALVAREZ. an Case No.: CIVDSl9l6334 BY individual, Judge: Hon. Thomas S. Garza u Department: S-27 Plaintiff, H REPLY BY DEFENDANTS, PRISCILLA t— MAWNHO v. HUNT AND BESSEMER TRUST COMPANY, N.A., AS CO-TRUSTEES OF u—A HUNT PRISCILLA LIVING TRUST; CITY THE DONALD G. LIVING TRUST, T0 OF FONTANA, and DOES I through 100, SUPPLEMENTAL OPPOSITION TO H inclusive MOTION FOR SUMMARY JUDGMENT Defendants, [Filed with Response t0 Plaintiff’s Separate — Q Statement of Additional Material Facts, and -and- Memorandum 0f Evidentiary Objections] - \l JUAN HERNANDEZ, an individual, DATE: November 7, 2023 m TIME: 8:30 a.m. Nominal Defendant. DEPT.: S-27 H N Date Action Filed: May 3 1 , 2019 Trial Date: December 18, 2023 N T0 THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF N qam8uN~c¢w RECORD: N NOTICE IS HEREBY GIVEN that Defendants, PRISCILLA HUNT and BESSEMER N TRUST COMPANY, N.A., as Co-Trustees of the DONALD G. HUNT LIVING TRUST N.N (“DGHLT”), submit the below My to the Supplemental Opposition of Plaintiff. YOLANDA JUAREZ ALVAREZ (“Plaintiff"), to DGHLT’s Motion for summaryjudgment on Plaintiff’s N Second Amended Complaint. -1- REPLY BY DEFENDANTS, PRISCILLA HUNT AND BESSEMER TRUST COMPANY, N.A., AS C0- TRUSTEES OF THE DONALD G. LIVING TRUST, TO SUPPLEMENTAL OPPOSITION TO MOTION FOR SUMMARY JUDGMENT NOTE: This Reply and the concurrently-filed documents follow upon, supplement, and incorporate by this reference as though fully set forth. DGHLT‘S Reply documents filed on May 12, 2023. MEMORANDUM OF POINTS AND AUTHORITIES OMQQMAWN— I. THE EVIDENCE IS UNDISPUTED THAT DGHLT DID NOT OWN, POSSESS OR CONTROL THE LAND OWNED BY DEFENDANT. CITY OF FONTANA, ON WHICH TREES AND SHRUBERY EXIST THAT ARE ALLEGED TO HAVE CREATED A VISUAL OBSTRUCTION. A. The Undisputed Declaration of David E. Woolley, a Professional Land Surveyor, and its Exhibits Conclusively Establish the Legal Boundaries of DGHLT’s Land Which Does Not Include the “Parkway Strip” Containing Trees and Shrubbery That Plaintiff Identifies as the Involved Dangerous Condition. Plaintiff‘s Supplemental Opposition ignores and does not discuss the undisputed facts presented by the Declaration of David E. Woolley, a Professional Land Surveyor, and its exhibits. The evidence is truly undisputed that DGHLT did not own, possess 0r control the “parkway strip” on which are located tress and Shrubbery that Plaintiff alleges and argues in her Reply documents presented a visual obstruction to motorists in the course of the accident. This undisputed evidence includes Expert Woolley’s Declaration and its exhibits which Plaintiff does not address in her Opposition documents. She submits no evidence contrary to Expert Woolley’s Declaration. It establishes the following undisputed facts: NNNNNNNNH—mflnnmmu— \IGUIAWNHGOWQOUIAWNHO - The property boundary lines of the I650 Cherry Avenue, Fontana, real property at I California, are coincident with the block wall along the westerly side of Cherry Avenue. (UMF No. 5.) - The cones and wooden lath shown in the pictures attached to the Woollcy Dec]. as Exhibits F-I, placed by personnel of D. Woolley & Associates, Inc.‘during the involved field survey, are a true and accurate representation of the public right-of-way line adjacent to the property at l I650 Cherry Avenue, Fontana, California. (UMF No. 6.) ° As depicted on the Topographic Exhibit (Map) attached as Exhibit E to the Woollcy Decl., and as shown photographs attached as Exhibits F-I to the Woolley Decl., all in the signage. marked pavement. warning(s) on the roadways, and any other features adjacent to the roadways ofCherry Avenue and Village Drive that are beyond at the intersection (i.e., on either side 0f the entrance to 1650 Cherry to the right of) the block walls l Avenue. Fontana. California. and the line that would connect them (as represented by the -2- REPLY BY DEFENDANTS, PRISCILLA HUNT AND BESSEMER TRUST COMPANY.N.A., AS CO- TRUSTEES OF THE DONALD G. LIVING TRUST, TO SUPPLEMENTAL OPPOSITION TO MOTION FOR SUMMARY JUDGMENT