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ORiGINAL
sgamga gggn‘r oi:
Bowen Hatch (259631)
Theresa A H. AN BE
EAUFORMI ‘
DAN Brwmmwwo *
BOWEN HATCH LAW, PC Cigyéfi/fggfrg'm
1902 Wright Place, Suite 200 59H;
Carlsbad, CA 92008
24 202.3
Tel: 76'0-539-7603
Fax: 760-539-9966
Theres:a@bowenhatchlaw.com
Channy Wood (PHV)
Leslie pwens (PHV)
WOOD LAW FIRM, LLP
610 SW 11th Ave.
Amariillo, TX 79101
Tel: 896-304-0447
Fax: 806-372-9664
cwood'@woodlawfinn-D(.com
lowens'@woodlawfirm-tx.com
Attornleys for Plaintiff
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SUPERIOR COURT 0F THE STATE 0F CALIFORNIA XV:I
1
FOR THE COUNTY 0F SAN BERNARDINO
ABD FATAH MOHAMED ABDI, CASE NO.: CIVSB 2123823
indiv dually;
DECLARATION OF THERESA HATCH
Plaintiff, IN SUPPORT OF PLAINTIFF’S MOTION
.
FOR SUMMARY ADJUDICATION 0N
vs. THE NON-APPLICABILITY OF
‘
WORKER’S COMPENSATION AND
KAL FREIGHT, INC., a corporation; PRO DEFENDANTS’ SEVENTEENTH
TECJ INC, a corporation; KADER ISMAIL AFFIRMATIVE DEFENSE
KALIF, individually; and DOES 1-20,
vvvvvvvvvvvvvvvvvv
inclu ive, Complaint Filed: August 16, 2021
Trial Date: 11/6/23
Defendants Judge: Hon. Jeffrey R Erickson
Department: S-14
Hearing Date: May 15, 2023
Hearing Time: 8:30 a.m.
I, Theiresa Bowen Hatch, declare:
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Declaration ofTheresa Hatch in Support of Motion for Summary Adjudication
. ll am an attorney licensed to practice law in all California state courts and am counsel of record
'for Plaintifi' in this matter. I have firsthand knowledge of the facts set forth herein, except for
ithose facts stated upon information and belief and, as to those facts, I believe them to be true.
N §Attached hereto as Exhibit 1 is a true and correct copy of Defendant Kal Freight’s Response to
\OWVQUIAWN“
fRequests for Admission, See Nos. 1, 2, 4, 31, 33, 34.
b.)
iAttached hereto as Exhibit 2 is a true and correct copy of Defendant Pro Tee’s Response to
Requests for Admission, See Nos. 1, 2, 4, 31, 33, 34.
Attached hereto as Exhibit 3 is a true and correct copy of Plaintiff’s First Amended Complaint.
Attached hereto as Exhibit 4 is a true and correct copy of the Notice of Ruling denying
Defendants’ February 15, 2023 Motion to Withdraw Admissions.
. Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the deposition of Kal
Freight Person Most Knowledgeable Shikha Arora, See 36:14-37:2, 37:3-17, 40:9-41 :6, 43:18-
21.
. Attached hereto as Exhibit 6 is a true and correct copy of Kal Freight and Pro Tec’s Person Most
Knowledgeable Suresh Sharma, See 146:18-24, 147210-21.
m Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the deposition of Kal
I
NNNNNNMNN—Ifl—nr—nn—n—Hu—an—au—A
Freight’s Person Most Knowledgeable regarding Insurance, Shikha Arora on 9/21/22, See 42: 12-
‘
25.
Attached hereto as Exhibit 8 a true and correct copy of Kal Freight’s Response to Requests
OOVQMAWNHOWWQQMhWNF‘O
9. is
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for Production of Documents, See Nos. 23, 26, 29, 30, 31, 32.
‘
10:.Attached hereto as Exhibit 9 is a true and correct copy of Pro Tec’s Response to Requests for
t
Production of Documents, See Nos. 23, 26, 29, 30, 31, 32.
11 Attached hereto as Exhibit 10
. is a true and correct copy of California Labor code 5401.
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Declaration ofTheresa Hatch in Support of Motion for Summary Adjudication
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ORiGINAL sgamga gggn‘r oi: Bowen Hatch (259631) Theresa A H. AN BE EAUFORMI ‘ DAN Brwmmwwo * BOWEN HATCH LAW, PC Cigyéfi/fggfrg'm 1902 Wright Place, Suite 200 59H; Carlsbad, CA 92008 24 202.3 Tel: 76'0-539-7603 Fax: 760-539-9966 Theres:a@bowenhatchlaw.com Channy Wood (PHV) Leslie pwens (PHV) WOOD LAW FIRM, LLP 610 SW 11th Ave. Amariillo, TX 79101 Tel: 896-304-0447 Fax: 806-372-9664 cwood'@woodlawfinn-D(.com lowens'@woodlawfirm-tx.com Attornleys for Plaintiff i A8 i SUPERIOR COURT 0F THE STATE 0F CALIFORNIA XV:I 1 FOR THE COUNTY 0F SAN BERNARDINO ABD FATAH MOHAMED ABDI, CASE NO.: CIVSB 2123823 indiv dually; DECLARATION OF THERESA HATCH Plaintiff, IN SUPPORT OF PLAINTIFF’S MOTION . FOR SUMMARY ADJUDICATION 0N vs. THE NON-APPLICABILITY OF ‘ WORKER’S COMPENSATION AND KAL FREIGHT, INC., a corporation; PRO DEFENDANTS’ SEVENTEENTH TECJ INC, a corporation; KADER ISMAIL AFFIRMATIVE DEFENSE KALIF, individually; and DOES 1-20, vvvvvvvvvvvvvvvvvv inclu ive, Complaint Filed: August 16, 2021 Trial Date: 11/6/23 Defendants Judge: Hon. Jeffrey R Erickson Department: S-14 Hearing Date: May 15, 2023 Hearing Time: 8:30 a.m. I, Theiresa Bowen Hatch, declare: 3 ? Declaration ofTheresa Hatch in Support of Motion for Summary Adjudication . ll am an attorney licensed to practice law in all California state courts and am counsel of record 'for Plaintifi' in this matter. I have firsthand knowledge of the facts set forth herein, except for ithose facts stated upon information and belief and, as to those facts, I believe them to be true. N §Attached hereto as Exhibit 1 is a true and correct copy of Defendant Kal Freight’s Response to \OWVQUIAWN“ fRequests for Admission, See Nos. 1, 2, 4, 31, 33, 34. b.) iAttached hereto as Exhibit 2 is a true and correct copy of Defendant Pro Tee’s Response to Requests for Admission, See Nos. 1, 2, 4, 31, 33, 34. Attached hereto as Exhibit 3 is a true and correct copy of Plaintiff’s First Amended Complaint. Attached hereto as Exhibit 4 is a true and correct copy of the Notice of Ruling denying Defendants’ February 15, 2023 Motion to Withdraw Admissions. . Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the deposition of Kal Freight Person Most Knowledgeable Shikha Arora, See 36:14-37:2, 37:3-17, 40:9-41 :6, 43:18- 21. . Attached hereto as Exhibit 6 is a true and correct copy of Kal Freight and Pro Tec’s Person Most Knowledgeable Suresh Sharma, See 146:18-24, 147210-21. m Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the deposition of Kal I NNNNNNMNN—Ifl—nr—nn—n—Hu—an—au—A Freight’s Person Most Knowledgeable regarding Insurance, Shikha Arora on 9/21/22, See 42: 12- ‘ 25. Attached hereto as Exhibit 8 a true and correct copy of Kal Freight’s Response to Requests OOVQMAWNHOWWQQMhWNF‘O 9. is E for Production of Documents, See Nos. 23, 26, 29, 30, 31, 32. ‘ 10:.Attached hereto as Exhibit 9 is a true and correct copy of Pro Tec’s Response to Requests for t Production of Documents, See Nos. 23, 26, 29, 30, 31, 32. 11 Attached hereto as Exhibit 10 . is a true and correct copy of California Labor code 5401. /// /// /// 1 -2- Declaration ofTheresa Hatch in Support of Motion for Summary Adjudication