Preview
1 Michael E. Murphy, Esq. (Bar #174408)
Jerome D. Rybarczyk, Eq., (Bar #103892)
2 Brock Christensen, esq. (Bar #216237)
SIMS LAW FIRM, LLP
3 19712 MacArthur Boulevard, Suite 120
Irvine, California 92612
4 (949) 253-7900
(949) 253-7930 – FAX
5 Attorneys for Defendant CHEVRON U.S.A. INC. (DOE 2)
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN
10
11 ROBERT JOSEPH, an individua1 ) Case No. BCV-22-101263
) Dept.: H
12 Plaintiff, ) Judge: Hon. Bernard C. Barmann, Jr.
)
13 v. ) DEFENDANT CHEVRON U.S.A. INC.
) (DOE 2) ANSWER TO COMPLAINT;
14 ELECTRIC MOTOR WORKS, INC., a ) DEMAND FOR JURY TRIAL
California corporation; ATLAS COPCO )
15 COMPRESSORS LLC, a Delaware limited )
liability Company; and DOES 1 through 20, )
16 inclusive, )
)
17 Defendants. )
)
18 ________________________________________ )
) Complaint Filed: May 24, 2022
19 AND ALL RELATED ACTIONS ) Trial Date: None
20
21 Defendant CHEVRON U.S.A. INC. (DOE 2) responds, for itself alone, to the unverified
22 Complaint of Plaintiff ROBERT JOSEPH as follows:
23 GENERAL DENIAL
24 Under and pursuant to the provisions of the California Code of Civil Procedure, specifically
25 section 431.30, this answering Defendant generally denies each and every allegation of Plaintiff’s
26 unverified Complaint, and each and every allegation of each cause of action alleged therein, and
27 further expressly denies that as a direct or legal result of any acts or omissions on the part of the
28
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DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL
1 answering Defendant has Plaintiff suffered harm in the amounts and sums alleged in the
2 Complaint, or in any amount or sum, or at all.
3 FIRST DEFENSE
4 The Complaint as a whole and each purported cause of action alleged in the Complaint fails
5 to state facts sufficient to constitute a cause of action against this Defendant.
6 SECOND DEFENSE
7 This Defendant was an end user of the involved product, not subject to strict liability, did
8 not create any alleged dangerous condition, and had no constructive or actual notice of any alleged
9 defect or dangerous condition involving it.
10 THIRD DEFENSE
11 This Defendant is informed and believes, and upon such information and belief alleges, that
12 if in fact this Defendant is found to have been negligent in any manner, the negligence could only
13 be passive and secondary while Plaintiff’s negligence was active and primary, or intervening and
14 superseding, and thus bars in whole or in part recovery on the Complaint.
15 FOURTH DEFENSE
16 Each and every event, injury, loss, damage, and expenditure referred to in the Complaint
17 was directly and proximately caused and contributed to in whole or in part by Plaintiff’s
18 carelessness, negligence, or other tortious conduct, and therefore the extent of any loss, damage, or
19 expenditure sustained by Plaintiff, if any, should be reduced in proportion to the amount of
20 negligence or fault attributable to Plaintiff.
21 FIFTH DEFENSE
22 Each and every event, injury, loss, damage, and expenditure referred to in the Complaint
23 was directly and proximately caused and contributed to in whole or in part by the carelessness,
24 negligence, or other tortious conduct of persons, firms, corporations, or entities other than this
25 Defendant and its employees acting in the course and scope of their employment, and therefore said
26 negligence and fault comparatively reduces the percentage of negligence and fault, if any,
27 attributed to this Defendant.
28 ///
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DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL
1 SIXTH DEFENSE
2 This Defendant did not have actual or constructive notice of any dangerous condition in a
3 sufficient time before the incident within which measures could have been taken to protect against
4 any dangerous condition.
5 SEVENTH DEFENSE
6 At the time and place referred to in the Complaint, and before such event, Plaintiff knew the
7 risk involved in placing himself in the position that he then assumed, and knowingly and
8 voluntarily assumed such risk, including, but not limited to, the risk of suffering personal bodily
9 injury and death.
10 EIGHTH DEFENSE
11 This Defendant’s liability, if any, for non-economic damages is limited to this Defendant’s
12 proportionate share of fault, if any, in accordance with Proposition 51 and California Civil Code
13 section 1431.2.
14 NINTH DEFENSE
15 Plaintiff’s claims, or portions thereof, are barred by the doctrine of judicial estoppel.
16 TENTH DEFENSE
17 The Complaint and each cause of action therein is barred by the applicable statutes of
18 limitation, including but not limited to, California Code of Civil Procedure section 335.1.
19 ELEVENTH DEFENSE
20 Plaintiff failed to mitigate the damages, if any, which he alleges he has suffered, and failed
21 to exercise reasonable care to avoid the consequences of harms, if any, and therefore may not
22 recover such damages he failed to mitigate and avoid with reasonable care.
23 TWELFTH DEFENSE
24 Plaintiff’s employer provided workers’ compensation benefits as a result of the alleged
25 incident. In the event that Defendant is held liable to Plaintiff, the amount of any such liability
26 should be offset by the amount of any and all workers’ compensation benefits paid by Plaintiff’s
27 employer or from any other source. Plaintiff’s employer was itself negligent in and about the
28 matters and things alleged in the Complaint. Pursuant to Witt v. Jackson and Associated
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DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL
1 Construction and Engineering Co. v. Worker's Compensation Board, Defendant alleges that the
2 apportionment of damages for negligence and other acts or omissions of Plaintiff’s employer
3 exceeds the amounts paid as workers’ compensation benefits and that therefore Defendant is
4 entitled to a credit for such payments, and that Plaintiff is barred from recovery against Defendant
5 on any purported lien or for any other amount. In the alternative, the amount of any purported lien
6 should be offset and apportioned by the applicable percentage due to Plaintiff’s employer’s
7 negligence, and other acts or omissions, and that Defendant’s liability, if any, for such should be
8 reduced accordingly.
9 THIRTEENTH DEFENSE
10 Any and all of the medical conditions that Plaintiff claims were caused by the alleged
11 incident either preexisted the alleged incident or were caused by etiology (known or unknown)
12 other than the alleged incident and are not attributable to the alleged incident.
13 FOURTEENTH DEFENSE
14 Based on Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny, this Defendant is
15 not liable for injuries to the employees of subcontractors such as Plaintiff. There was no affirmative
16 negligence by this Defendant. This Defendant did not retain control that it exercised negligently
17 over the means and methods of accomplishing the work that caused or contributed to the incident,
18 did not negligently furnish unsafe equipment, and did not have constructive or actual knowledge
19 about any latent defect related to the incident. Plaintiff and his employer knew or should have
20 known of a latent defect that might cause the incident, and the alleged condition was part of the
21 work that Plaintiff and his employer were hired to perform. This Defendant indirectly paid into
22 workers’ compensation (that was in fact furnished by the independent contractor Precision Air
23 Systems for Plaintiff, its employee) as part of the contract price.
24 ///
25 ///
26 ///
27 ///
28 ///
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DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL
1 FIFTEENTH DEFENSE
2 This Defendant is informed and believes and upon such information and belief alleges that
3 there may be other defenses of which it presently is unaware or has not alleged, and which it
4 reserves the right to allege in an amended answer and/or at any later point in this litigation,
5 including but not limited to the presentation of evidence and/or closing argument at the time of
6 trial.
7 PRAYER
8 This Defendant prays for judgment as follows:
9 1. That Plaintiff take nothing and that the Complaint be dismissed with prejudice;
10 2. That the Court award this Defendant costs of suit; and
11 3. For such other and further relief as the Court deems just and proper.
12 Dated: January 16, 2024 SIMS LAW FIRM, LLP
13
/s/ Michael E. Murphy
14 By _________________________________
Michael E. Murphy
15 Attorneys for Defendant CHEVRON U.S.A. INC.
16
17 DEMAND FOR JURY TRIAL
18 Defendant CHEVRON U.S.A. INC. demands a jury trial in this matter.
19
Dated: January 16, 2024 SIMS LAW FIRM, LLP
20
21 /s/ Michael E. Murphy
By _________________________________
22 Michael E. Murphy
Attorneys for Defendant CHEVRON U.S.A. INC.
23
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DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL
1 PROOF OF SERVICE BY MAIL
(Code Civ. Proc. §1013a(3), 2015.5 C.C.P.)
2
I am employed in the County of Orange, State of California. I am over the age of 18 and not
3 a party to the within action; my business address is 19712 MacArthur Boulevard, Suite 120, Irvine,
California 92612.
4
On January 16, 2024, I served the foregoing documents on the interested parties in this action:
5
DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT; DEMAND
6 FOR JURY TRIAL
7
[X] by placing the true copies thereof enclosed in sealed envelopes addressed as listed below:
8
See Attached Service List
9
[ ] BY MAIL: I deposited such envelope in the mail at Irvine, California. The envelope was
10 mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice
of collection and processing correspondence for mailing. Under that practice, said
11 correspondence is deposited with the United States Postal Service on that same day with
postage thereon fully prepaid at Irvine, California in the ordinary course of business; and
12 there is delivery service by United States mail at the place so addressed.
13 I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of deposit for
14 mailing in affidavit. Executed on January 16, 2024, at Irvine, California.
15 [ ] BY PERSONAL SERVICE: I caused to be delivered such envelope by hand to counsel
listed on the attached personal service list. Executed onJanuary 16, 2024, at Irvine,
16 California.
17 [X] BY E-SERVICE I caused the above document to be emailed to counsel and sent from
jmortimore@sms-law.com executed on January 16, 2024, at Irvine, California.
18
[] BY FACSIMILE TRANSMISSION: See attached Proof of Transmission by Fax. The
19 telephone number on the facsimile machine I used is (949) 253-7930. The facsimile
machine I used complied with Rule 2003(3) and no error was reported by the machine.
20 Pursuant to Rule 2009, I caused the machine to print a transmission record of the
transmission, a copy of which is attached to this declaration.
21
[ ] (Federal Express): I caused such envelope(s) to be delivered by air courier, with next
22 day service.
23 [X] (State): I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct. Executed January 16, 2024, at Irvine, California.
24
25 /s/ Jodie A. Mortimore
26
Jodie A. Mortimore
27
28
1
SERVICE LIST
2 Joseph v. Chevron, et al
3
Samuel Dagan, Esq.
4 THE LAW OFFICES OF SAMUEL DAGAN
16885 Via Del campo Court, Suite 209
5 San Diego, CA 92127
Telephone: (858) 487-6500
6 sam@daganlaw.com
Attorneys for Plaintiff ROBERT JOSEPH
7
Summit S. Dhillon, Esq.
8 WOOD, SMITH, HENNING & BERMAN LLP
7108 North Fresno Street, Suite 250
9 Fresno, CA 93720-2952
Telephone: (559) 437-2860
10 Facsimile: (559) 705-1934
sdhillon@wshblaw.com
11 nromo@wshblaw.com
Attorneys for Defendant and Cross-Complainant and Cross-Defendant ATLAS COPCO
12 COMPRESSORS LLC
13 Leah C. Beverly, Esq.
Robert Olson, Esq.
14 Monique A. Gramling, Esq.
TYSON & MENDES
15 17901 Von Karman Avenue, Suite 600
Irvine, CA 92614-5249
16 Telephone: (949) 490-4840
Facsimile: (949) 267-5261
17 rolson@tysonmendes.com
lbeverly@tysonmendes.com
18 nrodriguez@tysonmendes.com
mgramling@tysonmendes.com
19 Attorneys for Defendant and Cross-Complainant and Cross-Defendant ELECTRIC MOTOR
WORKS, INC.
20
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25
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Preview
1 Michael E. Murphy, Esq. (Bar #174408) Jerome D. Rybarczyk, Eq., (Bar #103892) 2 Brock Christensen, esq. (Bar #216237) SIMS LAW FIRM, LLP 3 19712 MacArthur Boulevard, Suite 120 Irvine, California 92612 4 (949) 253-7900 (949) 253-7930 – FAX 5 Attorneys for Defendant CHEVRON U.S.A. INC. (DOE 2) 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN 10 11 ROBERT JOSEPH, an individua1 ) Case No. BCV-22-101263 ) Dept.: H 12 Plaintiff, ) Judge: Hon. Bernard C. Barmann, Jr. ) 13 v. ) DEFENDANT CHEVRON U.S.A. INC. ) (DOE 2) ANSWER TO COMPLAINT; 14 ELECTRIC MOTOR WORKS, INC., a ) DEMAND FOR JURY TRIAL California corporation; ATLAS COPCO ) 15 COMPRESSORS LLC, a Delaware limited ) liability Company; and DOES 1 through 20, ) 16 inclusive, ) ) 17 Defendants. ) ) 18 ________________________________________ ) ) Complaint Filed: May 24, 2022 19 AND ALL RELATED ACTIONS ) Trial Date: None 20 21 Defendant CHEVRON U.S.A. INC. (DOE 2) responds, for itself alone, to the unverified 22 Complaint of Plaintiff ROBERT JOSEPH as follows: 23 GENERAL DENIAL 24 Under and pursuant to the provisions of the California Code of Civil Procedure, specifically 25 section 431.30, this answering Defendant generally denies each and every allegation of Plaintiff’s 26 unverified Complaint, and each and every allegation of each cause of action alleged therein, and 27 further expressly denies that as a direct or legal result of any acts or omissions on the part of the 28 -1- DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 answering Defendant has Plaintiff suffered harm in the amounts and sums alleged in the 2 Complaint, or in any amount or sum, or at all. 3 FIRST DEFENSE 4 The Complaint as a whole and each purported cause of action alleged in the Complaint fails 5 to state facts sufficient to constitute a cause of action against this Defendant. 6 SECOND DEFENSE 7 This Defendant was an end user of the involved product, not subject to strict liability, did 8 not create any alleged dangerous condition, and had no constructive or actual notice of any alleged 9 defect or dangerous condition involving it. 10 THIRD DEFENSE 11 This Defendant is informed and believes, and upon such information and belief alleges, that 12 if in fact this Defendant is found to have been negligent in any manner, the negligence could only 13 be passive and secondary while Plaintiff’s negligence was active and primary, or intervening and 14 superseding, and thus bars in whole or in part recovery on the Complaint. 15 FOURTH DEFENSE 16 Each and every event, injury, loss, damage, and expenditure referred to in the Complaint 17 was directly and proximately caused and contributed to in whole or in part by Plaintiff’s 18 carelessness, negligence, or other tortious conduct, and therefore the extent of any loss, damage, or 19 expenditure sustained by Plaintiff, if any, should be reduced in proportion to the amount of 20 negligence or fault attributable to Plaintiff. 21 FIFTH DEFENSE 22 Each and every event, injury, loss, damage, and expenditure referred to in the Complaint 23 was directly and proximately caused and contributed to in whole or in part by the carelessness, 24 negligence, or other tortious conduct of persons, firms, corporations, or entities other than this 25 Defendant and its employees acting in the course and scope of their employment, and therefore said 26 negligence and fault comparatively reduces the percentage of negligence and fault, if any, 27 attributed to this Defendant. 28 /// -2- DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 SIXTH DEFENSE 2 This Defendant did not have actual or constructive notice of any dangerous condition in a 3 sufficient time before the incident within which measures could have been taken to protect against 4 any dangerous condition. 5 SEVENTH DEFENSE 6 At the time and place referred to in the Complaint, and before such event, Plaintiff knew the 7 risk involved in placing himself in the position that he then assumed, and knowingly and 8 voluntarily assumed such risk, including, but not limited to, the risk of suffering personal bodily 9 injury and death. 10 EIGHTH DEFENSE 11 This Defendant’s liability, if any, for non-economic damages is limited to this Defendant’s 12 proportionate share of fault, if any, in accordance with Proposition 51 and California Civil Code 13 section 1431.2. 14 NINTH DEFENSE 15 Plaintiff’s claims, or portions thereof, are barred by the doctrine of judicial estoppel. 16 TENTH DEFENSE 17 The Complaint and each cause of action therein is barred by the applicable statutes of 18 limitation, including but not limited to, California Code of Civil Procedure section 335.1. 19 ELEVENTH DEFENSE 20 Plaintiff failed to mitigate the damages, if any, which he alleges he has suffered, and failed 21 to exercise reasonable care to avoid the consequences of harms, if any, and therefore may not 22 recover such damages he failed to mitigate and avoid with reasonable care. 23 TWELFTH DEFENSE 24 Plaintiff’s employer provided workers’ compensation benefits as a result of the alleged 25 incident. In the event that Defendant is held liable to Plaintiff, the amount of any such liability 26 should be offset by the amount of any and all workers’ compensation benefits paid by Plaintiff’s 27 employer or from any other source. Plaintiff’s employer was itself negligent in and about the 28 matters and things alleged in the Complaint. Pursuant to Witt v. Jackson and Associated -3- DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 Construction and Engineering Co. v. Worker's Compensation Board, Defendant alleges that the 2 apportionment of damages for negligence and other acts or omissions of Plaintiff’s employer 3 exceeds the amounts paid as workers’ compensation benefits and that therefore Defendant is 4 entitled to a credit for such payments, and that Plaintiff is barred from recovery against Defendant 5 on any purported lien or for any other amount. In the alternative, the amount of any purported lien 6 should be offset and apportioned by the applicable percentage due to Plaintiff’s employer’s 7 negligence, and other acts or omissions, and that Defendant’s liability, if any, for such should be 8 reduced accordingly. 9 THIRTEENTH DEFENSE 10 Any and all of the medical conditions that Plaintiff claims were caused by the alleged 11 incident either preexisted the alleged incident or were caused by etiology (known or unknown) 12 other than the alleged incident and are not attributable to the alleged incident. 13 FOURTEENTH DEFENSE 14 Based on Privette v. Superior Court (1993) 5 Cal.4th 689 and its progeny, this Defendant is 15 not liable for injuries to the employees of subcontractors such as Plaintiff. There was no affirmative 16 negligence by this Defendant. This Defendant did not retain control that it exercised negligently 17 over the means and methods of accomplishing the work that caused or contributed to the incident, 18 did not negligently furnish unsafe equipment, and did not have constructive or actual knowledge 19 about any latent defect related to the incident. Plaintiff and his employer knew or should have 20 known of a latent defect that might cause the incident, and the alleged condition was part of the 21 work that Plaintiff and his employer were hired to perform. This Defendant indirectly paid into 22 workers’ compensation (that was in fact furnished by the independent contractor Precision Air 23 Systems for Plaintiff, its employee) as part of the contract price. 24 /// 25 /// 26 /// 27 /// 28 /// -4- DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 FIFTEENTH DEFENSE 2 This Defendant is informed and believes and upon such information and belief alleges that 3 there may be other defenses of which it presently is unaware or has not alleged, and which it 4 reserves the right to allege in an amended answer and/or at any later point in this litigation, 5 including but not limited to the presentation of evidence and/or closing argument at the time of 6 trial. 7 PRAYER 8 This Defendant prays for judgment as follows: 9 1. That Plaintiff take nothing and that the Complaint be dismissed with prejudice; 10 2. That the Court award this Defendant costs of suit; and 11 3. For such other and further relief as the Court deems just and proper. 12 Dated: January 16, 2024 SIMS LAW FIRM, LLP 13 /s/ Michael E. Murphy 14 By _________________________________ Michael E. Murphy 15 Attorneys for Defendant CHEVRON U.S.A. INC. 16 17 DEMAND FOR JURY TRIAL 18 Defendant CHEVRON U.S.A. INC. demands a jury trial in this matter. 19 Dated: January 16, 2024 SIMS LAW FIRM, LLP 20 21 /s/ Michael E. Murphy By _________________________________ 22 Michael E. Murphy Attorneys for Defendant CHEVRON U.S.A. INC. 23 24 25 26 27 28 -5- DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL 1 PROOF OF SERVICE BY MAIL (Code Civ. Proc. §1013a(3), 2015.5 C.C.P.) 2 I am employed in the County of Orange, State of California. I am over the age of 18 and not 3 a party to the within action; my business address is 19712 MacArthur Boulevard, Suite 120, Irvine, California 92612. 4 On January 16, 2024, I served the foregoing documents on the interested parties in this action: 5 DEFENDANT CHEVRON U.S.A. INC. (DOE 2) ANSWER TO COMPLAINT; DEMAND 6 FOR JURY TRIAL 7 [X] by placing the true copies thereof enclosed in sealed envelopes addressed as listed below: 8 See Attached Service List 9 [ ] BY MAIL: I deposited such envelope in the mail at Irvine, California. The envelope was 10 mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, said 11 correspondence is deposited with the United States Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business; and 12 there is delivery service by United States mail at the place so addressed. 13 I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for 14 mailing in affidavit. Executed on January 16, 2024, at Irvine, California. 15 [ ] BY PERSONAL SERVICE: I caused to be delivered such envelope by hand to counsel listed on the attached personal service list. Executed onJanuary 16, 2024, at Irvine, 16 California. 17 [X] BY E-SERVICE I caused the above document to be emailed to counsel and sent from jmortimore@sms-law.com executed on January 16, 2024, at Irvine, California. 18 [] BY FACSIMILE TRANSMISSION: See attached Proof of Transmission by Fax. The 19 telephone number on the facsimile machine I used is (949) 253-7930. The facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. 20 Pursuant to Rule 2009, I caused the machine to print a transmission record of the transmission, a copy of which is attached to this declaration. 21 [ ] (Federal Express): I caused such envelope(s) to be delivered by air courier, with next 22 day service. 23 [X] (State): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed January 16, 2024, at Irvine, California. 24 25 /s/ Jodie A. Mortimore 26 Jodie A. Mortimore 27 28 1 SERVICE LIST 2 Joseph v. Chevron, et al 3 Samuel Dagan, Esq. 4 THE LAW OFFICES OF SAMUEL DAGAN 16885 Via Del campo Court, Suite 209 5 San Diego, CA 92127 Telephone: (858) 487-6500 6 sam@daganlaw.com Attorneys for Plaintiff ROBERT JOSEPH 7 Summit S. Dhillon, Esq. 8 WOOD, SMITH, HENNING & BERMAN LLP 7108 North Fresno Street, Suite 250 9 Fresno, CA 93720-2952 Telephone: (559) 437-2860 10 Facsimile: (559) 705-1934 sdhillon@wshblaw.com 11 nromo@wshblaw.com Attorneys for Defendant and Cross-Complainant and Cross-Defendant ATLAS COPCO 12 COMPRESSORS LLC 13 Leah C. Beverly, Esq. Robert Olson, Esq. 14 Monique A. Gramling, Esq. TYSON & MENDES 15 17901 Von Karman Avenue, Suite 600 Irvine, CA 92614-5249 16 Telephone: (949) 490-4840 Facsimile: (949) 267-5261 17 rolson@tysonmendes.com lbeverly@tysonmendes.com 18 nrodriguez@tysonmendes.com mgramling@tysonmendes.com 19 Attorneys for Defendant and Cross-Complainant and Cross-Defendant ELECTRIC MOTOR WORKS, INC. 20 21 22 23 24 25 26 27 28