On August 16, 2021 a
Party Discovery
was filed
involving a dispute between
Abdi, Abdifatah Mohamed,
and
Does 1-20,
Kal Freight, Inc.,
Kalif, Kader Ismail,
Pro Tec, Inc.,
for Auto PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
CASE ATTACHDENT COVER PAGE (ENDORSED)
ELECTRONICALLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FILED
STREET ADDRess;247 West Third Street
MAILING ADDRESS: BY SUPERIOR COURT
CITY AND z|p CODE; San Bernardino, CA 92415 OF CALIFORNIA, COUNTY OF
BRANCH NAME:San Bernardino Justice Center San Bernardino
WEBSITE:http //www.
: sb-court org
.
on Dec 30, 2022
CLERK OF THE SUPERIOR COURT
ATTACHMENTNAME: Points and Authorities: Memorandum of Points and
Authorities in Support of Motion to Withdraw and Amend Deputy Clerk.- Jordyn Drake
l A
Abdifatah‘Mohame‘d Abdi vstal Freight‘lnc, Pro Tec lnc., and
CASE NAME: CASE NUMBER:
Kader Ismail Kalif
CIVSB2123823
Please log on to www.TurboCourt.com regularly for updates
Please staple this to your original attachment
fluoa'unoaoqlnyfldnu
\l \/
Stephen B. Heath - 237622
sheath(a)heathandvuen.com
Steven W. Yuen - 230768
syuen@heathandvuen.com
Matthew J. Kracht - 249076
mkracht@heathandvuen.com
Mario E. Hermosillo - 330725
111her1nosillo@heathandvuen.com
HEATH & YUEN, APC
268 Bush Street, #3006
San Francisco, CA 94104
Tel: (415) 622—7004
Fax: (415) 373-3957
\DOOQON
Attorneys for Defendants
KAL FREIGHT INC, PRO TEC INC., AND KADER
ISMAIL KALIF
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
COUNTY OF SAN BERNARDINO
12
ABDIFATAH MOHAMED ABDI, Case No.: CIVSB2123823
13
Plaintiffs, MEMORANDUM OF POINTS AND
14 AUTHORITIES IN SUPPORT OF
V. DEFENDANT KAL FREIGHT INC.’S AND
15 PRO TEC INC’S MOTION TO WITHDRAW
KAL FREIGHT, INC, A CORPORATION; PRO AND AMEND RESPONSES TO REQUEST
16 TEC, INC, A CORPORATION; KADER FOR ADMISSIONS
ISMAIL KALIF, INDIVIDUALLY; AND DOES
17 1—20, INCLUSIVE, Date: February 15, 2023
Time: 8:30 a.m.
18 Defendants. Judge: Hon. Khymberli S. Apaloo
Dept: $25
19 File Date: August 16, 2021
Trial Date: November 6, 2023
20
21 I. INTRODUCTION
22 Defendants Kal Freight Inc. and Pro Tec Inc. (collectively herein, “defendants”) respectfully
23 request that they be permitted to withdraw two admissions to plaintiffs request for admissions, and to
24 serve denials in their place. Defendants previously admitted that plaintiff was (1) an independent
25 contractor of defendants, and (2) not an employee of defendants. At the time of the admissions, the
26 case of California Trucking Ass’n v. Bonta (9th Cir. 2021) 996 F.3d 644-- holding that truck drivers
27 are presumed employees per A.B. 5—was still pending certiorari before the U.S. Supreme
28 Court. However, 0n June 30, 2022, the U.S. Supreme Court denied certiorari in Bonta, which made the
-1-
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT KAL FREIGHT INC.’S AND
PRO TEC INC’S MOTION TO WITHDRAW AND AMEND RESPONSES TO REQUEST FOR ADMISSIONS
Document Filed Date
December 30, 2022
Case Filing Date
August 16, 2021
Category
Auto PI/PD/WD Unlimited
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CASE ATTACHDENT COVER PAGE (ENDORSED) ELECTRONICALLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FILED STREET ADDRess;247 West Third Street MAILING ADDRESS: BY SUPERIOR COURT CITY AND z|p CODE; San Bernardino, CA 92415 OF CALIFORNIA, COUNTY OF BRANCH NAME:San Bernardino Justice Center San Bernardino WEBSITE:http //www. : sb-court org . on Dec 30, 2022 CLERK OF THE SUPERIOR COURT ATTACHMENTNAME: Points and Authorities: Memorandum of Points and Authorities in Support of Motion to Withdraw and Amend Deputy Clerk.- Jordyn Drake l A Abdifatah‘Mohame‘d Abdi vstal Freight‘lnc, Pro Tec lnc., and CASE NAME: CASE NUMBER: Kader Ismail Kalif CIVSB2123823 Please log on to www.TurboCourt.com regularly for updates Please staple this to your original attachment fluoa'unoaoqlnyfldnu \l \/ Stephen B. Heath - 237622 sheath(a)heathandvuen.com Steven W. Yuen - 230768 syuen@heathandvuen.com Matthew J. Kracht - 249076 mkracht@heathandvuen.com Mario E. Hermosillo - 330725 111her1nosillo@heathandvuen.com HEATH & YUEN, APC 268 Bush Street, #3006 San Francisco, CA 94104 Tel: (415) 622—7004 Fax: (415) 373-3957 \DOOQON Attorneys for Defendants KAL FREIGHT INC, PRO TEC INC., AND KADER ISMAIL KALIF 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN BERNARDINO 12 ABDIFATAH MOHAMED ABDI, Case No.: CIVSB2123823 13 Plaintiffs, MEMORANDUM OF POINTS AND 14 AUTHORITIES IN SUPPORT OF V. DEFENDANT KAL FREIGHT INC.’S AND 15 PRO TEC INC’S MOTION TO WITHDRAW KAL FREIGHT, INC, A CORPORATION; PRO AND AMEND RESPONSES TO REQUEST 16 TEC, INC, A CORPORATION; KADER FOR ADMISSIONS ISMAIL KALIF, INDIVIDUALLY; AND DOES 17 1—20, INCLUSIVE, Date: February 15, 2023 Time: 8:30 a.m. 18 Defendants. Judge: Hon. Khymberli S. Apaloo Dept: $25 19 File Date: August 16, 2021 Trial Date: November 6, 2023 20 21 I. INTRODUCTION 22 Defendants Kal Freight Inc. and Pro Tec Inc. (collectively herein, “defendants”) respectfully 23 request that they be permitted to withdraw two admissions to plaintiffs request for admissions, and to 24 serve denials in their place. Defendants previously admitted that plaintiff was (1) an independent 25 contractor of defendants, and (2) not an employee of defendants. At the time of the admissions, the 26 case of California Trucking Ass’n v. Bonta (9th Cir. 2021) 996 F.3d 644-- holding that truck drivers 27 are presumed employees per A.B. 5—was still pending certiorari before the U.S. Supreme 28 Court. However, 0n June 30, 2022, the U.S. Supreme Court denied certiorari in Bonta, which made the -1- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT KAL FREIGHT INC.’S AND PRO TEC INC’S MOTION TO WITHDRAW AND AMEND RESPONSES TO REQUEST FOR ADMISSIONS