On May 11, 2023 a
Motion-Secondary
was filed
involving a dispute between
Clark, Pamela Mae,
and
Action Zipline, Inc.,
Bain, Belinda A.,
Does 1 To 25,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
V QRHGUNAL
"
LEWIS BRISBOIS BISGAARD & SMITH LLP
BRYAN R. REID, SB# 156619
E-Mail: Bryan.Reid@leWisbrisbois.com
‘
F LE3
D
JENNIFER HSU, SB# 228400 sggfim‘fi
8,932; gggffggFORNi/A
0mg
E-Mail: Jennifer.Hsu@lewisbrisbois.com
650 East Hospitality Lane, Suite 600 . . ‘ y
San Bernardino, California 92408 MAN 2 2 ”32‘:
Telephone: 909.387. 1 130
Facsimile: 909.387.1 138
Attorneys for Defendants, ACTION ZIPLINE,
159743,: 5 g
“2%
Hylee
Grant. De DUTY
INC. and BELINDA A. BAIN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11 PAMELA MAE CLARK, Case No. CIVSB23 10094
12 Plaintiff, [Assigned to Hon. Winston Keh,
Dept. V1 1]
13 vs.
DECLARATION OF ROHAN J.
14 ACTION ZIPLINE, INC, BELINDA A. SHAHANI IN SUPPORT OF
BAIN, AND DOES to 25, 1 DEFENDANTS ACTION ZIPLINE, INC.
15 AND BELINDA A. BAIN’S MOTION FOR
Defendants. SUMMARY JUDGMENT OR, IN THE
16 ALTERNATIVE, MOTION FOR
SUMMARY ADJUDICATION
17
Date: June 13, 2024
18 Time: 8:30 a.m.
Dept: V11
19
Action Filed: May 11, 2023
20 Trial Date: None Set
21
I, Rohan J. Shahani, declare as follows:
22
1. Imake this Declaration based upon my own personal knowledge. If called as a
23
witness, I could and would competently testify to the matters contained in this Declaration in the
24
court of law.
25
2. I am a consultant and risk manager With fifteen years of experience managing
26
outdoor and adventure recreation programs. In addition t0 my experience with resident camps,
27
day camps, and education programs, I have over ten years of experience working with aerial
28
LEWIS 1381301501
BRISBOIS
BISGAARD DECLARATION OF ROHAN J. SHAHANI IN SUPPORT OF DEFENDANTS ACTION ZIPLINE, INC. AND
&SM1HUJ> BELINDA A. BAIN’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR
ATTORNEYS AT LAW
SUMMARY ADJUDICATION
adventure structures and ziplines. My experience includes over ten years 0f operation, installation,
and inspection 0f ziplines and other aerial adventure structures. Additionally, I have been trained
and certified by multiple organizations in challenge course operation, aerial rescue, equipment
inspection, structural inspection, and pre-hospital care.
3. A true and correct copy 0f my most recent curriculum Vitae is attached hereto as
Exhibit “M.”
4. I have reviewed the following documents in connection with my work on this case:
a. Complaint filed by Plaintiff Erick Ruvalcaba;
b. Complaint filed by Plaintiff Pamela Mae Clark;
10 c. The Participant Agreement, Release and Assumption of Risk signed by
11 Pamela Clark on May 16, 2021 (“Waiver”);
12 d. Declaration of Abe Sanchez;
13 e. Portfolio of Abe Sanchez;
14 f. Employee Training Records for Abe Sanchez;
15 g. Employee Training Records for Raymond Lopez;
16 h. Employee Training Records for Jordan Thibault;
17 i. Employee Training Records for Andrew Poppe;
18 j. Action Zipline Tours’ Tour Guide Procedure Manual (“Tour Guide
19 Manual”);
20 k. Action Zipline Tours’ Training Manual for Zipline Tour Guides (“Training
21 Manual”);
22 1. Incident Report by Abe Sanchez dated 5/1 8/2 1;
23 m. Incident Report by Raymond Lopez dated 5/1 7/21;
24 n. Incident Report by Andrew Poppe dated 5/ 1 7/21;
25 o. Incident Report by Jordan Thibault dated 5/1 7/21;
26 p. The Investigation Report dated 5/27/2021 by Mark Schuller from the State
27 of California Department of Industrial Relations Division of Occupational Safety and Health
28 Amusement Ride Section (“OSHA Report”), a true and correct copy is attached hereto as Exhibit
LEWIS
BRISBOIS
138§EEELRATION OF ROHAN J. SHAHANI IN SUPPOZRT OF DEFENDANTS ACTION ZIPLINE, INC. AND
BISGAARD
asmrHuP BELINDA A. BAIN’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR
ATTORNEYS AT LAW
SUMMARY ADJUDICATION
Document Filed Date
March 22, 2024
Case Filing Date
May 11, 2023
Category
Other PI/PD/WD Unlimited
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V QRHGUNAL " LEWIS BRISBOIS BISGAARD & SMITH LLP BRYAN R. REID, SB# 156619 E-Mail: Bryan.Reid@leWisbrisbois.com ‘ F LE3 D JENNIFER HSU, SB# 228400 sggfim‘fi 8,932; gggffggFORNi/A 0mg E-Mail: Jennifer.Hsu@lewisbrisbois.com 650 East Hospitality Lane, Suite 600 . . ‘ y San Bernardino, California 92408 MAN 2 2 ”32‘: Telephone: 909.387. 1 130 Facsimile: 909.387.1 138 Attorneys for Defendants, ACTION ZIPLINE, 159743,: 5 g “2% Hylee Grant. De DUTY INC. and BELINDA A. BAIN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 PAMELA MAE CLARK, Case No. CIVSB23 10094 12 Plaintiff, [Assigned to Hon. Winston Keh, Dept. V1 1] 13 vs. DECLARATION OF ROHAN J. 14 ACTION ZIPLINE, INC, BELINDA A. SHAHANI IN SUPPORT OF BAIN, AND DOES to 25, 1 DEFENDANTS ACTION ZIPLINE, INC. 15 AND BELINDA A. BAIN’S MOTION FOR Defendants. SUMMARY JUDGMENT OR, IN THE 16 ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION 17 Date: June 13, 2024 18 Time: 8:30 a.m. Dept: V11 19 Action Filed: May 11, 2023 20 Trial Date: None Set 21 I, Rohan J. Shahani, declare as follows: 22 1. Imake this Declaration based upon my own personal knowledge. If called as a 23 witness, I could and would competently testify to the matters contained in this Declaration in the 24 court of law. 25 2. I am a consultant and risk manager With fifteen years of experience managing 26 outdoor and adventure recreation programs. In addition t0 my experience with resident camps, 27 day camps, and education programs, I have over ten years of experience working with aerial 28 LEWIS 1381301501 BRISBOIS BISGAARD DECLARATION OF ROHAN J. SHAHANI IN SUPPORT OF DEFENDANTS ACTION ZIPLINE, INC. AND &SM1HUJ> BELINDA A. BAIN’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR ATTORNEYS AT LAW SUMMARY ADJUDICATION adventure structures and ziplines. My experience includes over ten years 0f operation, installation, and inspection 0f ziplines and other aerial adventure structures. Additionally, I have been trained and certified by multiple organizations in challenge course operation, aerial rescue, equipment inspection, structural inspection, and pre-hospital care. 3. A true and correct copy 0f my most recent curriculum Vitae is attached hereto as Exhibit “M.” 4. I have reviewed the following documents in connection with my work on this case: a. Complaint filed by Plaintiff Erick Ruvalcaba; b. Complaint filed by Plaintiff Pamela Mae Clark; 10 c. The Participant Agreement, Release and Assumption of Risk signed by 11 Pamela Clark on May 16, 2021 (“Waiver”); 12 d. Declaration of Abe Sanchez; 13 e. Portfolio of Abe Sanchez; 14 f. Employee Training Records for Abe Sanchez; 15 g. Employee Training Records for Raymond Lopez; 16 h. Employee Training Records for Jordan Thibault; 17 i. Employee Training Records for Andrew Poppe; 18 j. Action Zipline Tours’ Tour Guide Procedure Manual (“Tour Guide 19 Manual”); 20 k. Action Zipline Tours’ Training Manual for Zipline Tour Guides (“Training 21 Manual”); 22 1. Incident Report by Abe Sanchez dated 5/1 8/2 1; 23 m. Incident Report by Raymond Lopez dated 5/1 7/21; 24 n. Incident Report by Andrew Poppe dated 5/ 1 7/21; 25 o. Incident Report by Jordan Thibault dated 5/1 7/21; 26 p. The Investigation Report dated 5/27/2021 by Mark Schuller from the State 27 of California Department of Industrial Relations Division of Occupational Safety and Health 28 Amusement Ride Section (“OSHA Report”), a true and correct copy is attached hereto as Exhibit LEWIS BRISBOIS 138§EEELRATION OF ROHAN J. SHAHANI IN SUPPOZRT OF DEFENDANTS ACTION ZIPLINE, INC. AND BISGAARD asmrHuP BELINDA A. BAIN’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR ATTORNEYS AT LAW SUMMARY ADJUDICATION