On March 29, 2019 a
Party Notice
was filed
involving a dispute between
Bell Motors Llc,
Metrogisticsllc,
Hernandez, Mayra,
Lopez, Francisco Escalera,
and
Alcala, David,
Bell Motors Llc,
Carmax Auto Superstores California, Llc A Business Entity Form Unknown,
Carmax Auto Superstores West Coast, Inc. A Business Entity Form Unknown,
Melchor Autotransport, Inc.,
Melchor, Victor,
Metrogistics Llc,
for PI Motor Vehicle
in the District Court of San Bernardino County.
Preview
ORIGINAL
1 PARKER STANBURY LLP
444 South Flower Street
19t
2 Floor
Los Angeles CA 90071 SUPEHiOR
courv rY rrsa
oUR OF Fp NiA
3 s ARa Nc
213 622 5124 f raa a
s t RiG
213 622 4858 Fax
4 JOHN D BARRETT JR SBN 70079 J r
Attorneys for DefendantlCross Complamant
5 METROGISTICS LLC
Sued and served as DOE 2 w
r
n
6 Cc r E E pj r
TSENG ASSOCIATES
ZS West Rolling Oaks Drive Suite Z11
Thousand Oaks CA 91361
8
JENIFER T TSENG ESQ SBN 134235
tsen law a lawver com
9
Co Counsel for METROGISTICS LLC DOE 2
10
11 SUPERIOR COURT OF THE STATE OF CALTFORNIA
12 COUNTY 4F SAN BERNARDINO
13
14 FRANCISCO ESCALERA LOPEZ an CASE NO CIV DS 1909599 t
individual MAYR A HERNANDEZ an
15 individual and FRANCISCO ESCALERA NOTICE OF RULING ON t
HERNANDEZ a minor by and through DEFENDANT METROGISTICS LLC S
16 Guardian Ad Litem MAYRA HERNANDEZ MOTION FOR SUMMARY
JUDGMENT ALONG WITH JUDICIAL
17 Plaintiffs NOTICE REQUESTS AND
EVIDENTIARY OBJECTIONS IN
18 S CONNECTION WITH SAID MOTION
1g DAVID ALCALA an individual MELCHOR Assigned for All Purposes to the Honorable
AUTO TRANSPORT INC a business entry Judge John M Pacheco Department 5 31
2p form unknown CARMAX AUTO
SUPERSTORES WEST COAST INC a Complaint Filed March 29 2019
21 business entity form unknown CARMAX None
Trial Date
AUTO SUPERSTORES CALIFORNIA LLC
22 a business entity form unknown and DOES 1
100 inclusive
23
Defendants
24
25 METROGISTICS LLC
26 Cross Complainant
vs
27
MELCHOR AUTO TRANSPORT INC
28
NOTICE OF RULING ON D FENDANT METROGISTICS LLC S
MOTION FOR SUMMA RY JUDGMENT ALONG WITH JUDICIAL NOTICE REQUESTS
AND EVIDENTIARY OBJECTIONS IN CONNECTION WITH SAID MOTION
1
varlfolders
Sj 0 gxgjcx2ml m b 26zrOt5r0000gn1f com microsoR Outlook Outlook Temp PLD RULING RE MSJ 8 21 2020 2 doc
1 DAVID ALCALA CARMAX AUTO
SUPERSTORES CALIFORNIA LLC BELL
2 MOTORS LL5 DBA AUTONATION
CHRYSLER DODGE JEEP RAM AND FiAT
3 NORTH PHOENIX and ROES 1 through 100
inclusive
4
Cross Defendants
5
6
TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD
7
NOTICE IS HEREBY GIVEN THAT on August 14 201Q in Department S 31 of the above
8
9 entitled Court The Honorable John M Pacheco having previously taken the matter under submission
10 following hearings on July 14 2020 and July 21 2020 in Department 5 31 ruled as follows
11
12
13 MOTION F4R SUMMARY NDGMENT
Rulin The Court ranted defendant Metrogistics LLC s Motion for Summary
4
15 Judgment because its relationship with Melchor Auto Transport under their contract was as the
16
broker which means that it was not the employer or principal of Alcala who allegedly negligently
1
caused plaintiffs injuries and therefore it cannot be held liable for the allegedly negligent actions of
18
Alcala and because the Court finds that a pIainriffs evidence of statements made in a pleading ar
19
by principals or in its website fails to establish that Metrogisrics was a common carrier of the goods
20
involved in Melchor Auto Transport s and Alcala s transport b there is no evidence of Metrogistics
21
22
accepting the goods being transported at the time of the accident and agreeing to be legally bound to
23 transport those goods and c the ABC test under DYnamex Operations West Inc v Su erior Court
24
2418 4 Cal Sth 903 addressing determining whether an individual human being is properly classified
25
as an independent contractor which has no relevancy on the relationship between Metrogistics and
26
Melchor Auto Transport LJndisputed Facts 1 3 an 11 13 plaintiffs responses thereto and cited
27
evidence including defendant s EXHIBITS X and Yl
28
NOTICE OF RULING ON DEFENDANT METROGISTICS LLC S
MOTION FOR SUMMARY NDGMENT ALONG WITH JUDICIAL N TICE REQUESTS
AND EVIDENTIARY OBJECTIONS IN CONNECTION WITH SAID MOTION
2
var folders Sj O xgjcx2ml m b 26zrQt5r0000gn T com microsoR Outlook Outlook Temp PLD RUL NG RE MSJ 8 21 2020 2 doc
Document Filed Date
August 24, 2020
Case Filing Date
March 29, 2019
Category
PI Motor Vehicle
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
ORIGINAL 1 PARKER STANBURY LLP 444 South Flower Street 19t 2 Floor Los Angeles CA 90071 SUPEHiOR courv rY rrsa oUR OF Fp NiA 3 s ARa Nc 213 622 5124 f raa a s t RiG 213 622 4858 Fax 4 JOHN D BARRETT JR SBN 70079 J r Attorneys for DefendantlCross Complamant 5 METROGISTICS LLC Sued and served as DOE 2 w r n 6 Cc r E E pj r TSENG ASSOCIATES ZS West Rolling Oaks Drive Suite Z11 Thousand Oaks CA 91361 8 JENIFER T TSENG ESQ SBN 134235 tsen law a lawver com 9 Co Counsel for METROGISTICS LLC DOE 2 10 11 SUPERIOR COURT OF THE STATE OF CALTFORNIA 12 COUNTY 4F SAN BERNARDINO 13 14 FRANCISCO ESCALERA LOPEZ an CASE NO CIV DS 1909599 t individual MAYR A HERNANDEZ an 15 individual and FRANCISCO ESCALERA NOTICE OF RULING ON t HERNANDEZ a minor by and through DEFENDANT METROGISTICS LLC S 16 Guardian Ad Litem MAYRA HERNANDEZ MOTION FOR SUMMARY JUDGMENT ALONG WITH JUDICIAL 17 Plaintiffs NOTICE REQUESTS AND EVIDENTIARY OBJECTIONS IN 18 S CONNECTION WITH SAID MOTION 1g DAVID ALCALA an individual MELCHOR Assigned for All Purposes to the Honorable AUTO TRANSPORT INC a business entry Judge John M Pacheco Department 5 31 2p form unknown CARMAX AUTO SUPERSTORES WEST COAST INC a Complaint Filed March 29 2019 21 business entity form unknown CARMAX None Trial Date AUTO SUPERSTORES CALIFORNIA LLC 22 a business entity form unknown and DOES 1 100 inclusive 23 Defendants 24 25 METROGISTICS LLC 26 Cross Complainant vs 27 MELCHOR AUTO TRANSPORT INC 28 NOTICE OF RULING ON D FENDANT METROGISTICS LLC S MOTION FOR SUMMA RY JUDGMENT ALONG WITH JUDICIAL NOTICE REQUESTS AND EVIDENTIARY OBJECTIONS IN CONNECTION WITH SAID MOTION 1 varlfolders Sj 0 gxgjcx2ml m b 26zrOt5r0000gn1f com microsoR Outlook Outlook Temp PLD RULING RE MSJ 8 21 2020 2 doc 1 DAVID ALCALA CARMAX AUTO SUPERSTORES CALIFORNIA LLC BELL 2 MOTORS LL5 DBA AUTONATION CHRYSLER DODGE JEEP RAM AND FiAT 3 NORTH PHOENIX and ROES 1 through 100 inclusive 4 Cross Defendants 5 6 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD 7 NOTICE IS HEREBY GIVEN THAT on August 14 201Q in Department S 31 of the above 8 9 entitled Court The Honorable John M Pacheco having previously taken the matter under submission 10 following hearings on July 14 2020 and July 21 2020 in Department 5 31 ruled as follows 11 12 13 MOTION F4R SUMMARY NDGMENT Rulin The Court ranted defendant Metrogistics LLC s Motion for Summary 4 15 Judgment because its relationship with Melchor Auto Transport under their contract was as the 16 broker which means that it was not the employer or principal of Alcala who allegedly negligently 1 caused plaintiffs injuries and therefore it cannot be held liable for the allegedly negligent actions of 18 Alcala and because the Court finds that a pIainriffs evidence of statements made in a pleading ar 19 by principals or in its website fails to establish that Metrogisrics was a common carrier of the goods 20 involved in Melchor Auto Transport s and Alcala s transport b there is no evidence of Metrogistics 21 22 accepting the goods being transported at the time of the accident and agreeing to be legally bound to 23 transport those goods and c the ABC test under DYnamex Operations West Inc v Su erior Court 24 2418 4 Cal Sth 903 addressing determining whether an individual human being is properly classified 25 as an independent contractor which has no relevancy on the relationship between Metrogistics and 26 Melchor Auto Transport LJndisputed Facts 1 3 an 11 13 plaintiffs responses thereto and cited 27 evidence including defendant s EXHIBITS X and Yl 28 NOTICE OF RULING ON DEFENDANT METROGISTICS LLC S MOTION FOR SUMMARY NDGMENT ALONG WITH JUDICIAL N TICE REQUESTS AND EVIDENTIARY OBJECTIONS IN CONNECTION WITH SAID MOTION 2 var folders Sj O xgjcx2ml m b 26zrQt5r0000gn T com microsoR Outlook Outlook Temp PLD RUL NG RE MSJ 8 21 2020 2 doc