Party Notice: **MF** Muro -v- American Safety Group, Inc., et al Print

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                                ELECTRONICALLY FILED
                                                                                                                      SUPERIOR COURT OF CALIFORNIA
                                           Cynthia Fertile Tarle (State Bar No. 178200)                               COUNTY OF SAN BERNARDINO
                                           Jared Peterson (State Bar No. 270473)                                      SAN BERNARDINO DISTRICT
                                           TARLE LAW, P.C.
                                           5963 La Place Court, suite 306                                             4“ “2°24       _

                                                                                                                                    4'12   PM
                                           Carlsbad,   CA 92008                                                       By: Betty Davidson,        DEPUTY
                                           Telephone: (760) 607-6089
                                           Facsimile: (760) 476-2804
                                           Email: CPTarle(aDTarleLaw.com
                                           Email: JPeterson(aDTarleLaW.com

                                           Attorneys for Defendant/Cross-Complainant,
                                           BALFOUR BEATTY CONSTRUCTION, LLC

                                  \OOONQ


                                                                     SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                                                                  COUNTY OF SAN BERNARDINO
                                 10         OMAR MURO,                                              CASE No.2 CIVSB21 16995
                                                                                                    (Consolidated for        all   purposes with
                    92008


                                 11                    Plaintiff,                                   Case N0. CIVSB2121 173)

                    California
                                 12                    vs.                                          NOTICE OF RULING RE: BALFOUR
                                                                                                    BEATTY CONSTRUCTION, LLC’S MOTION
                                 13         THOMAS W. HADLEY dba HADLEY                             FOR SUMMARY JUDGMENT 0R IN THE
                                            ENGINEERING; AMERICAN SAFETY                            ALTERNATIVE, SUMMARY
LAW
                    Carlsbad,

                                 14         GROUP, INC., WISEMAN+ROHY                               ADJUDICATION
                                            STRUCTURAL ENGINEERS, and DOES
        Ca¢amtiofl




                                                                                                1

                    306,
                                 15         to 50, inclusive,                                       Date:     April   9,   2024
        memiorza/
                                                                                                    Time: 9:00 am.
TARLE
                    Suite        16                    Defendants.                                  Dept: 824
        A                                                                                           Judge: The Honorable Gilbert                Ochoa
                    Court,       17

                                 18
                    Place


                                                                                                    Complaint filed: July            15,   2021
                    La           19         AND ALL RELATED ACTIONS.                                Trial Date: July 22,           2024
                    5963

                                 20

                                 21               TO ALL PARTIES HEREIN AND T0 THEIR ATTORNEYS OF RECORD:
                                 22               PLEASE TAKE NOTICE THAT the Motions                    for   Summary Judgment 0f Defendant,             Balfour

                                 23        Beatty Construction,          LLC (“BBC”), on the Complaints ofPlaintiff, Omar Muro, and Plaintiffs, Kailyn
                                 24        Navarro, Daleysa Navarro, Evelyn Navarro by and through their guardian ad litem Ruth Navarro,

                                 25        Ruth Navarro and Salomon Navarro              (collectively with   Omar Muro “PLAINTIFFS”), came 0n                for


                                 26        hearing on April         9,   2024, before the honorable, Gilbert Ochoa, Judge Presiding. Jared Peterson

                                 27        appeared for the moving party,           BBC. There were      also appearances for             PLAINTIFFS, American

                                 28        Safety Group, Inc.(“ASG”), and Defendant,            Thomas W. Hadley dba Hadley Engineering (“TWH”),

                                                                                                     1

                                                 NOTICE OF RULING RE: BALFOUR BEATTY CONSTRUCTION, LLC’S MOTION FOR SUMMARY
                                                            JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION
                                       Defendant,      RND   Contractors, Inc. (“RND”), and Defenant,            Wiseman + Rohy     Structural Engineers,


                                       Inc.   (“W+R”). There were no other appearances.

                                                A     copy of The Court’s Tentative Ruling           is   attached hereto as Exhibit   “A” wherein   THE
                                       COURT RULED as follows:
                                                 1)   BBC’s Motion     for    Summary Judgment was         denied;

                                                2)    BBC’s Motion     for    Summary   Adjudication 0f Plaintiff’s 1“ Cause of Action 0n the count

                                                      0f Negligent Undertaking and Negligent Infliction of Emotional Distress was denied;

                                                3)    BBC’S Motion      for   Summary    Adjudication on the 1“ Cause of Action 0n the count 0f

                                                      Dangerous Condition and 2nd Cause 0f Action for Premises Liability was granted; and

                                  10            4)    BBC’S Motion      for   Summary    Adjudication 0n the 1“ Cause 0f Action 0n the count of
                     92008


                                  11                  Negligent Drawings was granted.


                     California
                                  12            THE COURT FURTHER RULED:
                                  13            5)    BBC’S   request for judicial notice of Exhibits       A-C was granted;

LAW     Ca¢omtian
                     Carlsbad,

                                  14            6)    BBC’S   request for judicial notice 0f Exhibit        D and facts from the contracts 0r findings 0f
                     306,
                                  15                  Cal/OSHA was     denied;
        Profmz'om/




TARLE
                     Suite        16            7)    Plaintiff Omar   Muro’s request    for judicial notice    0f Exhibits 9 and 12 was granted;
        A
                     Court,       17            8)    Plaintiff Omar   Mum's    request for judicial notice 0f Exhibit 5     was denied;

                                  18            9)    Plaintiff Navarro’s request for judicial notice        0f Exhibits 6-7 were granted;
                     Place




                     La           19             10) Plaintiff Omar    Muro’s evidentiary objection No. 2 was sustained;
                     5963

                                  20             11) Plaintiff Omar    Muro’s evidentiary objection N0.         1   was overruled; and

                                  21             12) A11 of Plaintiff Navarro’s evidentiary objections          were overruled.

                                  22
                                       DATED:         April 11, 2024                        TARLE LAW, P.C.
                                  23

                                  24

                                  25                                               By:
                                                                                            /€
                                                                                            CYNTHIA PERTILE TARLE
                                  26                                                        JARED PETERSON
                                                                                            Attorneys for Defendant/Cross—Complainant,
                                  27
                                                                                            BALFOUR BEATTY CONSTRUCTION, LLC
                                  28


                                                                                                 2
                                               NOTICE OF RULING RE: BALFOUR BEATTY CONSTRUCTION, LLC’S MOTION FOR SUMMARY
                                                          JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION