Motion,Ex Parte: DURAZO et al -v- CONVERSE INC et al Print

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                                (SBN 199396)
                     Stephanie A. Hingle                                           ELECTRONICALLY FILED
                           Kim (SBN 276163)
                     Rebecca                                                       SUPERIOR COURT OF CALIFORNIA
                     KUTAK ROCK LLP                                                COUNTY OF SAN BERNARDINO
                     Suite    4550
                                                                                   SAN BERNARDINO DISTRICT
                     777 South Figueroa Street                                     2/6/2024 3:08    PM
                     Los Angeles, CA 90017-5800
                     Telephone: (2 1 3) 3 12-4000                                  By:   Matthew   Stutte,   DEPUTY
                     Facsimile: (2 1 3) 3 12-4001
                     Email: Stephanie.Hingle@KutakRock.com
                     Email: Rebecca.Kim@KutakRock.com

                     Attorneys for Defendant/Cross—Complainant
                     CONVERSE INC.

                                             SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                                         COUNTY OF SAN BERNARDINO
                10

                11   MARIZA DURAZO, Individually and as              Case N0. CIV        DS 2022522
                     guardian ad [item 0n behalf 0f her children,
                12   LUIS DURAZO, MOISES DURAZO,                     Assigned for A11 Purposes t0:
                     SAMANTHA DURAZO; JESUS DURAZO,                  Honorable Judge Jeffery R. Erickson
                13   Individually;
                                                                     Department S 14
                     RAMIRO DURAZO, JR., Individually;
                14   OLGA DURAZO, Individually;                      DEFENDANT AND CROSS-
                     EDWARD DURAZO, Individually; and                COMPLAINANT CONVERSE INC.’S
                15   WILLIAM DURAZO,              Individually,
                                                                     NOTICE OF MOTION AND MOTION
                                                                     FOR SUMMARY JUDGMENT;
                16                        Plaintiffs,
                                                                     MEMORANDUM OF POINTS AND
                                                                     AUTHORITIES
                17                   V.

                                                                     [Filed concurrently With Separate Statement
                18   CHRISTOPHER RUIZ, JUAN ANTONIO                  0f Undisputed Facts; Declarations 0f
                     RUIZ dba A&C TRANSPORT, RAMIL                   Stephanie Hingle and Jose Aguilar; and
                19   CHAKHALOV dba STERLING                          [Proposed] Orden]
                     TRANSPORTATION SERVICES,
               20    CONVERSE INC., and DOES 1 through               Date:           April 23, 2024
                     100, inclusive,
                                                                     Time:           8:30 A.M.
               21
                                                                     Dept:           Sl4
                                          Defendants.
               22
                                                                     Complaint     Filed:    October 13, 2020
               23    AND ALL RELATED CROSS-ACTIONS.                  Trial Date:             June 3, 2024

               24

               25     ///

               26     ///

               27     ///

               28     ///
KUTAK ROCK LLP                                                      -1-
 ATTORNEYS AT LAW
    LOS ANGELES         DEFENDANT AND CROSS-COMPLAINANT CONVERSE, INC.’S NOTICE OF MOTION
                                       AND MOTION FOR SUMMARY JUDGMENT
                      4884-9545-8463.3
                      113 1 7-3 13
                                           TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
                                           PLEASE TAKE NOTICE                         that   on April 23, 2024,          at   8:30 A.M., or as soon thereafter as

                              counsel      may be       heard in Department Sl4 0f the above-entitled Court located                            at     247 West Third
                    UI-hbJN




                              Street,   San Bernardino,            CA   92415, Defendant/Cross-Complainant                        CONVERSE      INC. (“Converse”

                              0r “Defendant”) will request that this Court grant                            Summary Judgment           in its favor as t0 all claims


                              brought by Plaintiffs            MARIZA DURAZO, LUIS DURAZO, MOISES DURAZO, SAMANTHA
                              DURAZO, JESUS DURAZO, RAMIRO DURAZO,                                                     JR.,       OLGA DURAZO, EDWARD
                    KOOOQO


                              DURAZO,             and   WILLIAM DURAZO                        (collectively      “Plaintiffs”)       pursuant to Code of Civil

                              Procedure §437(c).

                10                         Converse brings           this   Motion pursuant            to   Code 0f Civil Procedure §437(c) 0n           the grounds

                11            that there are       n0   triable issues      0f fact by which a reasonable jury could find Converse                        liable in this


                12            case. Plaintiffs       have not and can not establish With any evidence that converse owed                                Plaintiffs   any

                13            duty, including        any non-delegable duty.                 Plaintiffs     cannot establish that Converse          is liable t0   them

                14            or that Defendant engaged in any tortious conduct that ultimately caused any 0f Plaintiffs’ injuries.


                15            Converse       is   thus entitled t0 a judgment in                 its   favor as a matter of law as t0           all   claims brought

                16            against   it   in this case,     and seeks      all   related   and applicable       costs.


                17                         This Motion        is   based on    this   Notice of Motion; the accompanying                   Memorandum 0f Points

                18            and Authorities; the Separate Statement 0f Undisputed Material Facts filed concurrently herewith;

                19            supporting declarations and exhibits attached thereto;                             all   of the pleadings and records on file in

               20             this action;        and upon such additional             oral 0r    documentary evidence and argument Which                     may be

               21             presented before 0r at the hearing 0n this Motion.

               22             Dated:       February      6,   2024                                      KUTAK ROCK LLP
               23

               24                                                                                       By    Sfiwke «Mumfcu
                                                                                                              Stephanie       A   Hingle
               25                                                                                             Rebecca Kim
                                                                                                              Attorneys for Defendant/Cross-Complainant
               26                                                                                             CONVERSE INC.
               27

               28
KUTAK ROCK LLP                                                                                         -2-
 ATTORNEYS AT LAW
    L05 ANCELES                 DEFENDANT AND CROSS-COMPLAINANT CONVERSE, INC.’S NOTICE OF MOTION
                                               AND MOTION FOR SUMMARY JUDGMENT
                               4884-9545-84633
                               11317-313