On August 16, 2021 a
Motion-Secondary
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.
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CASE ATTACHMENT COVER PAGE (ENDORSED)
ELECTRONICALLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FILED
STREET ADDREss:247 West Third street
BY SUPERIOR COURT
MAILING ADDRESS:
olTY AND z”: CODE; San Bernardino, CA 92415 OF CALIFORNIA, COUNTY OF
BRANCH NAME:San Bernardino Justice Center San Bernardino
WEBSITEzhttp / /www.
: sb—court org. on Nov 30, 2021
CLERK OF THE SUPERIOR COURT
ATTACHMENTNAME: Points and Authorities: Memorandum
of Points &
Deputy Clerk: Justin Manassee
Authorities in support of Demurrer
CASE NAME:
ABDIFATAH MOHAMED ABDI vs. KAL FREIGHT. INc CASE NUMBER:
CIVSBZlZ3823
Please log on to www.TurboCourt.com regularly for updates
Please staple this to your original attachment
q
Moa‘unooaqlny/:du
\y \v
Stephen B. Heath 237622
-
sheath@heathandyuen.com
Steven W. Yuen - 230768
swen@heathandwen.com
Matthew J. Kracht - 249076
1nkracht@heathandvuen.com
A HEATH & YUEN, APC
268 Bush Street, #3006
San Francisco, CA 94104
Tel: (415) 622-7004
Fax: (415) 373—3957
\OOOVQUI
Attorneys for Defendant
KAL FREIGHT INC, PRO TEC INC, and KADER
ISMAIL KALIF
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN BERNARDINO
11 ABDIFATAH MOHAMED ABDI, Case No.: CIV SB 2123823
individually
12 DEFENDANTS KAL FREIGHT INC, PRO
Plaintiff, TEC INC AND KADER ISMAIL KALIF’S
13 MEMORANDUM 0F POINTS &
v. AUTHORITIES IN SUPPORT OF
14 DEMURRER TO PLAINTIFF’S
KAL FREIGHT, INC., a corporation; PRO TEC, COMPLAINT AND CAUSES OF ACTION
15 INC, a corporation; KADER ISMAIL KALIF,
individually; DOES l TO 20, Date: January 6, 2022
16 Time: 9:00 a.m.
Defendants. Judge: Hon. Khymberli S. Apaloo
17 Dept: $25
18 File Date: August 16, 2021
Trial Date: Not Set
19
20 I. INTRODUCTION
21 Plaintiffs second cause 0f action is for Negligence Per Se and his fifth cause of action is for
22 Punitive Damages. Neither of these are causes of action. Negligence per se is an evidentiary standard
23 and thus fails to state a cause of action. Punitive damages is a form of damages and thus fails to state a
24 cause of action. Both causes 0f action are subject to a demurrer. Leave to amend should only be
25 granted to request punitive damages as a prayer for relief and to plead negligence per se as the
applicable evidentiary standard within his cause 0f action for negligence. However, plaintiff should
26
27 not be granted leave to amend to allege these items as causes 0f action.
28 Additionally, plaintiff’s sixth cause of action for Violation of Labor Code Sections 226(b)-(c),
-1-
DEFENDANTS KAL FREIGHT INC, PRO TEC INC AND KADER ISMAIL KALIF’S MEMORANDUM OF POINTS
& AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFF’S COMPLAINT AND CAUSES OF ACTION
Document Filed Date
November 30, 2021
Case Filing Date
August 16, 2021
Category
Auto PI/PD/WD Unlimited
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CASE ATTACHMENT COVER PAGE (ENDORSED) ELECTRONICALLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FILED STREET ADDREss:247 West Third street BY SUPERIOR COURT MAILING ADDRESS: olTY AND z”: CODE; San Bernardino, CA 92415 OF CALIFORNIA, COUNTY OF BRANCH NAME:San Bernardino Justice Center San Bernardino WEBSITEzhttp / /www. : sb—court org. on Nov 30, 2021 CLERK OF THE SUPERIOR COURT ATTACHMENTNAME: Points and Authorities: Memorandum of Points & Deputy Clerk: Justin Manassee Authorities in support of Demurrer CASE NAME: ABDIFATAH MOHAMED ABDI vs. KAL FREIGHT. INc CASE NUMBER: CIVSBZlZ3823 Please log on to www.TurboCourt.com regularly for updates Please staple this to your original attachment q Moa‘unooaqlny/:du \y \v Stephen B. Heath 237622 - sheath@heathandyuen.com Steven W. Yuen - 230768 swen@heathandwen.com Matthew J. Kracht - 249076 1nkracht@heathandvuen.com A HEATH & YUEN, APC 268 Bush Street, #3006 San Francisco, CA 94104 Tel: (415) 622-7004 Fax: (415) 373—3957 \OOOVQUI Attorneys for Defendant KAL FREIGHT INC, PRO TEC INC, and KADER ISMAIL KALIF SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO 11 ABDIFATAH MOHAMED ABDI, Case No.: CIV SB 2123823 individually 12 DEFENDANTS KAL FREIGHT INC, PRO Plaintiff, TEC INC AND KADER ISMAIL KALIF’S 13 MEMORANDUM 0F POINTS & v. AUTHORITIES IN SUPPORT OF 14 DEMURRER TO PLAINTIFF’S KAL FREIGHT, INC., a corporation; PRO TEC, COMPLAINT AND CAUSES OF ACTION 15 INC, a corporation; KADER ISMAIL KALIF, individually; DOES l TO 20, Date: January 6, 2022 16 Time: 9:00 a.m. Defendants. Judge: Hon. Khymberli S. Apaloo 17 Dept: $25 18 File Date: August 16, 2021 Trial Date: Not Set 19 20 I. INTRODUCTION 21 Plaintiffs second cause 0f action is for Negligence Per Se and his fifth cause of action is for 22 Punitive Damages. Neither of these are causes of action. Negligence per se is an evidentiary standard 23 and thus fails to state a cause of action. Punitive damages is a form of damages and thus fails to state a 24 cause of action. Both causes 0f action are subject to a demurrer. Leave to amend should only be 25 granted to request punitive damages as a prayer for relief and to plead negligence per se as the applicable evidentiary standard within his cause 0f action for negligence. However, plaintiff should 26 27 not be granted leave to amend to allege these items as causes 0f action. 28 Additionally, plaintiff’s sixth cause of action for Violation of Labor Code Sections 226(b)-(c), -1- DEFENDANTS KAL FREIGHT INC, PRO TEC INC AND KADER ISMAIL KALIF’S MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFF’S COMPLAINT AND CAUSES OF ACTION