Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 05/26/2023 Time: 8:30 AM - 12:00 PM
BCV-20-100473
ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & COMMUNICATIONS, INC.
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
Present:
GOMEZ, HUGO Intervenor-PL, Not Present VARGAS, ERNEST A Attorney, Present
Not Present:
ZURICH AMERICAN INSURANCE COMPANY QUIGLEY, PATRICK M Attorney
Plaintiff
PAVLETICH ELECTRIC & COMMUNICATIONS, INC. O'BRIEN, PATRICK KEVIN Attorney
Defendant
CEN CAL CONSTRUCTION, INC. Intervenor-DE
GANDOLAS LANDSCAPING & LAWN CARE, INC EPPS, DARREN W Attorney
Intervenor-DE
PAVLETICH ELECTRIC & COMMUNICATIONS, INC. O'BRIEN, PATRICK KEVIN Attorney
Intervenor-DE
NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT / ADJUDICATION
Hearing Start Time: 8:40 AM
The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected.
Counsel Canon Young appeared via audio/video communication on behalf of Plaintiff.
Appearance telephonically by courtcall by counsel Steven Pabros on behalf of Defendant.
Appearance telephonically by courtcall by counsel Ernest A. Vargas on behalf of Intervenor.
Matter argued by counsel and submitted.
MINUTES
Page 1 of 5
ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & BCV-20-100473
COMMUNICATIONS, INC.
The Court makes the following findings and orders:
Defendant's Motion for Summary Judgment or Summary Adjudication - Denied.
Defendant Pavletich Electric & Communications, Inc.'s motion for an order granting summary judgment, or
summary adjudication, against Plaintiff Zurich American International Company and Plaintiff-In-Intervention Hugo
Gomez is denied. Moving Defendant's objections to Plaintiff Zurich and Plaintiff-in-Intervention Gomez's
opposition evidence are overruled.
Moving Defendant offered that Plaintiff Gomez's Complaint alleges (1) Premises Liability, and (2) General
Negligence, and Plaintiff Zurich, who wrote Workers' Compensation insurance for Plaintiff Gomez's employer, Kern
Glass, alleges (1) General Negligence.
Defendant's notice of motion seeks summary judgment or adjudication as to these causes of action because
Defendant did not breach its duty to Plaintiffs and because no dangerous condition existed on the property.
However, Defendant's moving memorandum and moving separate statement make no arguments regarding the
supposed non-existence of any dangerous condition.
Duty
The court cannot presently conclude that moving Defendant owed no duty or breached no duty in this case. As
noted above, a "subcontractor has a duty to perform work in a good and workmanlike manner. A subcontractor
who is careless and negligent in the performance of the work is liable to the general contractor, to the owner, and
to third persons for any damages proximately caused." (Stonegate Homeowners Assn. v. Staben (2006) 144
Cal.App.4th 740, 748)
The opposition offers evidence, including deposition testimony of Defendant's own employees, which appears to
support that Defendant did use the type of metal conduit pipe on which Plaintiff tripped. The opposition also
offers evidence which appears to support that Defendant was the only contractor working in the location where
Plaintiff tripped at the time of such incident.
Therefore, a factual dispute exists as to whether Defendant was responsible for placing the subject pipe on which
Defendant allegedly tripped and fell, which means a factual dispute remains as to whether Defendant was
negligent in the performance of its work and contributed to Hugo Gomez's injuries.
Premises liability
With respect to the premises liability cause of action, while moving Defendant argued that it does not own,
possess or control the property where the incident occurred, the moving separate statement did not expressly
address this. Furthermore, Plaintiff Gomez's premises liability cause of action alleges that Defendant "negligently
owned, maintained, managed or operated the described premises." Since there is evidence from which a
reasonable fact finder might conclude that Defendant was the only subcontractor working in the relevant area at
the time, one might reasonably conclude that Defendant at least maintained or operated the premises.
Clerk's minutes will be the order of the court.
Verbal notice of ruling given to counsel in open court.
Clerk's minutes emailed to all counsel as stated on the attached declaration.
MINUTES
Page 2 of 5
ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & BCV-20-100473
COMMUNICATIONS, INC.
Minute order notice.
FUTURE HEARINGS:
January 11, 2024 1:30 PM Mandatory Settlement Conference
Bakersfield Department 1
Sheriff, Deputy
Friedman - Retired, Gary T.
February 20, 2024 9:00 AM Final Case Management Conference
Clark, Thomas S.
Bakersfield Department 17 located at 1415 Truxtun Avenue
Sheriff, Deputy
February 20, 2024 9:00 AM Jury Trial
Clark, Thomas S.
Bakersfield Department 17 located at 1415 Truxtun Avenue
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: MAY 26, 2023
MINUTES
Page 3 of 5
ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & BCV-20-100473
COMMUNICATIONS, INC.
ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & COMMUNICATIONS, INC.
BCV-20-100473
CERTIFICATE OF MAILING AND/OR EMAIL**************
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated May 26, 2023 attached hereto
on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: May 26, 2023
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: May 26, 2023
By: Linda Hall
Linda Hall, Deputy Clerk
Signed: 5/26/2023 01:36 PM
Certificate of Mailing
Page 4 of 5
ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & COMMUNICATIONS, INC.
BCV-20-100473
MAILING LIST
PATRICK M QUIGLEYCANON YOUNG ERNEST A VARGAS
MORALES FIERRO & REEVES 301 N LAKE AVE #120
1440 MARIA LN # 200 PASADENA CA 911014108
WALNUT CREEK CA 94596 emest@vargasandvargas.com
cyoung@mfdegal.com
STEVEN PABROS
OBRIEN LAW PC
755 BAYWOOD DR STE 185
PETALUMA CA 94954-5509
steve@pobrienlaw.com
suzie@pobrienlaw.com
Certificate of Mailing
Page 5 of 5
Preview
Superior Court of California County of Kern Bakersfield Department 17 Date: 05/26/2023 Time: 8:30 AM - 12:00 PM BCV-20-100473 ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & COMMUNICATIONS, INC. Courtroom Staff Honorable: Thomas S. Clark Clerk: Linda K. Hall Court reporter: . None Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: Present: GOMEZ, HUGO Intervenor-PL, Not Present VARGAS, ERNEST A Attorney, Present Not Present: ZURICH AMERICAN INSURANCE COMPANY QUIGLEY, PATRICK M Attorney Plaintiff PAVLETICH ELECTRIC & COMMUNICATIONS, INC. O'BRIEN, PATRICK KEVIN Attorney Defendant CEN CAL CONSTRUCTION, INC. Intervenor-DE GANDOLAS LANDSCAPING & LAWN CARE, INC EPPS, DARREN W Attorney Intervenor-DE PAVLETICH ELECTRIC & COMMUNICATIONS, INC. O'BRIEN, PATRICK KEVIN Attorney Intervenor-DE NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT / ADJUDICATION Hearing Start Time: 8:40 AM The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected. Counsel Canon Young appeared via audio/video communication on behalf of Plaintiff. Appearance telephonically by courtcall by counsel Steven Pabros on behalf of Defendant. Appearance telephonically by courtcall by counsel Ernest A. Vargas on behalf of Intervenor. Matter argued by counsel and submitted. MINUTES Page 1 of 5 ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & BCV-20-100473 COMMUNICATIONS, INC. The Court makes the following findings and orders: Defendant's Motion for Summary Judgment or Summary Adjudication - Denied. Defendant Pavletich Electric & Communications, Inc.'s motion for an order granting summary judgment, or summary adjudication, against Plaintiff Zurich American International Company and Plaintiff-In-Intervention Hugo Gomez is denied. Moving Defendant's objections to Plaintiff Zurich and Plaintiff-in-Intervention Gomez's opposition evidence are overruled. Moving Defendant offered that Plaintiff Gomez's Complaint alleges (1) Premises Liability, and (2) General Negligence, and Plaintiff Zurich, who wrote Workers' Compensation insurance for Plaintiff Gomez's employer, Kern Glass, alleges (1) General Negligence. Defendant's notice of motion seeks summary judgment or adjudication as to these causes of action because Defendant did not breach its duty to Plaintiffs and because no dangerous condition existed on the property. However, Defendant's moving memorandum and moving separate statement make no arguments regarding the supposed non-existence of any dangerous condition. Duty The court cannot presently conclude that moving Defendant owed no duty or breached no duty in this case. As noted above, a "subcontractor has a duty to perform work in a good and workmanlike manner. A subcontractor who is careless and negligent in the performance of the work is liable to the general contractor, to the owner, and to third persons for any damages proximately caused." (Stonegate Homeowners Assn. v. Staben (2006) 144 Cal.App.4th 740, 748) The opposition offers evidence, including deposition testimony of Defendant's own employees, which appears to support that Defendant did use the type of metal conduit pipe on which Plaintiff tripped. The opposition also offers evidence which appears to support that Defendant was the only contractor working in the location where Plaintiff tripped at the time of such incident. Therefore, a factual dispute exists as to whether Defendant was responsible for placing the subject pipe on which Defendant allegedly tripped and fell, which means a factual dispute remains as to whether Defendant was negligent in the performance of its work and contributed to Hugo Gomez's injuries. Premises liability With respect to the premises liability cause of action, while moving Defendant argued that it does not own, possess or control the property where the incident occurred, the moving separate statement did not expressly address this. Furthermore, Plaintiff Gomez's premises liability cause of action alleges that Defendant "negligently owned, maintained, managed or operated the described premises." Since there is evidence from which a reasonable fact finder might conclude that Defendant was the only subcontractor working in the relevant area at the time, one might reasonably conclude that Defendant at least maintained or operated the premises. Clerk's minutes will be the order of the court. Verbal notice of ruling given to counsel in open court. Clerk's minutes emailed to all counsel as stated on the attached declaration. MINUTES Page 2 of 5 ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & BCV-20-100473 COMMUNICATIONS, INC. Minute order notice. FUTURE HEARINGS: January 11, 2024 1:30 PM Mandatory Settlement Conference Bakersfield Department 1 Sheriff, Deputy Friedman - Retired, Gary T. February 20, 2024 9:00 AM Final Case Management Conference Clark, Thomas S. Bakersfield Department 17 located at 1415 Truxtun Avenue Sheriff, Deputy February 20, 2024 9:00 AM Jury Trial Clark, Thomas S. Bakersfield Department 17 located at 1415 Truxtun Avenue Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: MAY 26, 2023 MINUTES Page 3 of 5 ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & BCV-20-100473 COMMUNICATIONS, INC. ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & COMMUNICATIONS, INC. BCV-20-100473 CERTIFICATE OF MAILING AND/OR EMAIL************** The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated May 26, 2023 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: May 26, 2023 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: May 26, 2023 By: Linda Hall Linda Hall, Deputy Clerk Signed: 5/26/2023 01:36 PM Certificate of Mailing Page 4 of 5 ZURICH AMERICAN INSURANCE COMPANY VS PAVLETICH ELECTRIC & COMMUNICATIONS, INC. BCV-20-100473 MAILING LIST PATRICK M QUIGLEYCANON YOUNG ERNEST A VARGAS MORALES FIERRO & REEVES 301 N LAKE AVE #120 1440 MARIA LN # 200 PASADENA CA 911014108 WALNUT CREEK CA 94596 emest@vargasandvargas.com cyoung@mfdegal.com STEVEN PABROS OBRIEN LAW PC 755 BAYWOOD DR STE 185 PETALUMA CA 94954-5509 steve@pobrienlaw.com suzie@pobrienlaw.com Certificate of Mailing Page 5 of 5