Motion-Secondary: Macias -v- Couts Heating and Cooling, Inc.et al Print

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                                ELECTRONICALLY FILED
                                                                                            SUPERIOR COURT OF CALIFORNIA
            DAVID M. FRISHMAN, STATE BAR #129992                                            COUNTY 0F SAN BERNARDINO
            CHRISTIAN M. FOSTER, STATE BAR #3 19148                                         SAN BERNARDINO DISTRICT
            TYSON & MENDES, LLP                                                             3/21/2024 2:28   PM
            515 South Flower Street, 18th Floor
            Los Angeles, CA 90071                                                           By: Abrianna Rodriguez,   DEPUTY
            Telephone: 213.745.8600
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            Facsimile: 213.745.8604
                    dfrishman@TvsonMendes.com
            Email(s):
            cfoster@TvsonMendes.com

            Attorneys for Defendant and Cross-Defendant             COUTS HEATING & COOLING, INC.
 \OOONOUI




                                        SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                              FOR THE COUNTY OF SAN BERNARDINO

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11          MONIQUE MACIAS,                                                 Case N0.: CIVSB2133542

12                               Plaintiff,                                 Assigned to Hon. Michael A. Sachs, Dept. 328

13          VS.
                                                                            COUTS HEATING AND COOLING,
14                                                                               MEMORANDUM OF POINTS
                                                                            INC.’S
            COUTS HEATING AND COOLING, INC., a                              AND AUTHORITIES IN OPPOSITION TO
15          corporation; DOE   DOE 2, DOE 3, DOE 4
                                   I,                                       DEFENDANT CCS CONTRACTORS’
            and DOE 5, individually, and d/b/a COUTS                        MOTION FOR SUMMARY
16          HEATING AND COOLING; CCS                                        ADJUDICATION
            CONTRACTORS, INC., a corporation; DOE
17          6, DOE 7, DOE 8, DOE 9, DOE IO,                                 [Filed concurrently with Separate Statement 0f
                     and d/b/a CCS
            individually,                                                   Disputed and Undisputed Material Facts;
18          CONTRACTORS; and DOES                11 through   I   00,       Declaration ofChrisz‘ian     M
                                                                                                        Foster; and Index
            inclusive,                                                      ofExhibitS]
19
                                 Defendants.
20                                                                          Case   Filed:        December     8,   2021

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            CCS CONTRACTORS, INC.,
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                               Cross—Complainant,
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              VS.

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            COUTS HEATING & COOLING,                 INC., and
25          FOES    1   through 50, Inclsuive.


26                             Cross—Defendant.


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            AND ALL RELATED CROSS—ACTIONS.
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                   COUTS HEATING AND COOLING, INC.’S MEMORANDUM OF POINTS AND AUTHORITIES IN
                  OPPOSITION TO DEFENDANT CCS CONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION
                Defendant/Cross—Defendant,             COUTS HEATING & COOLING,                            INC., (“Couts”) hereby

     opposes the motion of CCS                CONTRACTORS,           INC., (“CCS”) for           summary     adjudication.


                This Opposition         is   based upon the   fact that for       summary         adjudication the    moving party

     failed t0      meet   their   burden of demonstrating that there            is   no   triable issue    0f material fact and/or

     that   it is   entitled to   judgment     as a matter 0f law.


                This Opposition         is   based upon the complete files and records in                  this action, the   following

     Memorandum            0f Points and Authorities, the Separate Statement 0f Undisputed Material Facts in

     Opposition t0 CCS’s Motion for                Summary    Adjudication, Couts’ Evidence in Opposition to                   CCS’S

     Motion         for   Summary       Adjudication, the Declaration 0f Christian                    M.    Foster and       upon any

10   documentary and/or            oral evidence as    may be presented         at the   time of the hearing of the Motion.

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12   Dated:     March      21,   2024                                    TYSON & MENDES, LLP
13                                                                               -_':#_- 3-55333';
                                                                          ._—
                                                                                           ’
                                                               By
14                                                                       David M. Frishman, ESQ.
                                                                         Christian         M.   Foster,   ESQ.
15                                                                       Attorneys for Defendant,             COUTS HEATING
                                                                         AND COOLING, INC.
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             COUTS HEATING AND COOLING, INC.’S MEMORANDUM OF POINTS AND AUTHORITIES IN
            OPPOSITION TO DEFENDANT CCS CONTRACTORS’ MOTION FOR SUMMARY ADJUDICATION