Motion-Secondary: ANDY SABERI VS LES STANFORD, ETAL

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                                JAMES ATTRIDGE            [Bar No.    124003)
                          LAW OFFICE OF JAMES               ATTRIDGE
                          270 Divisadero     Street,  #3
                          San Francisco,     CA   941 17
                          Telephone:     (415)   552-3088

                          Attorney for Defendant       BJ Interstate Auto
                          Transporters,    Inc.




      Supp


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       In


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                                                SUPERIOR COURT OF THE
      Authorities




                                                                                        STATE OF CALIFORNIA
      and

                                       FOR THE COUNTY OF SAN MATEO UNLIMITED JURISDICTION
      Points




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      of




       Memorandum




   CIV536294
                    11    ANDY SABERI                                          Case No:    CIV 536294
         1425823

     MPAs




    '  :=
                    12                      Plaintiff,                         MEMORANDUM OF POINTS AND
                                                                               AUTHORITIES IN SUPPORT OF MOTION IN
                    13             vs.                                         LIMINE TO EXCLUDE EXPERT TESTIMONY
                                                                               ON THE       STANDARD         OF CARE EXPECTED               0F
                    14          STANDORD CHEVROLET
                          LES                                                  LICENSED        TRANSPORTATION BROKERS
                          CADILLAC,        INC.
                    15                                                         Trial Date:   October    15, 2018
                                            Defendants.
                    16

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                    18             The  sole cause of action against defendant        BJ Interstate Auto     Transporters,    Inc. is an action

                    19    for professional    negligence.   BI Interstate Auto     Transporters,    Inc. isa transportation broker

                    20    licensed by the federal government.         The  First Amended Complaint                        “BJ Interstate
                                                                                                           alleges that

                    21   brokered and arranged with Safe Auto Transport,             a  common     carrier, to pick  up the Corvette from
                   22    Les  Stanford and deliver the Corvette to         Saberi     San Francisco,
                                                                                   in                    California.   Saberi is informed

                   23    and believes that BJ Interstate failed to discover that Safe Auto Transport wa_s uhinsured for

                   24                                                     FAC goes on to
                         delivery to   Saberi.”   (FAC   para  12)  The                      allege in  its Fourth Cau-se of Action‘that

                   25    “BJ Interstate owed a duty of care           Les
                                                                   to      Stanford and    Saberi that   Safe Auto Transport was

                    26                                                                                                 afid‘thaflt “Saberi
                         properly insured regarding the pickup         and delivery to    Saberi”   (FAC    para 30)                       is


                   27    informed and believe                  Safe Auto Transport       was uninsured
                                                    (sic) that                                             for the damages alleged
                   28    herein.”   (FAC   para 3 1)

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                                   This allegation was     made on October       18, 2016 despite the     fact Bogdan Dedyk,       the owner

                          of Safe Auto Transport had stated the exact opposite            in a declaration   executed    thre\e months   earlier


                          on July  15,  2016.


                                 .
                                   Plaintiff has a problem.     He  cannot prove the allegation in paragraph 30 that a specific duty

                          of care was owed because he has neglected to            designate an expert witness to establish that

                          standard of care.    While there are federal and state      coufi   cases from other jurisdictions that attempt

                          to address this question,     there is no published opinion establishing that standard of care            in the


                          State of California.    Thus,  it isincumbent upon the       plaintiff to establish that standard     of care Via

                          expert testimony.     See: CACI 400      and600:   “A licensed transportation broker is        negligent if she

                    10    fails to use the  skill and care that a reasonable,      carefifl transportation broker would have used            in.



                    11    similar circumstances.      This level  of skill, knowledge,     and care   issometimes referred to as “the

                    12    standard of care.”    You must    determine the level of skill and care that a reasonably careful licensed

                    13    transportation broker     would use    in similar  circumstances based only on the testimony of the expert

                    14    Witnesses including (those)      who have testified      in this case.”  See  also:  Wright   V. Williams (1975)

                    15    47 Cal.  App.   3d  802,  810-81 1:  “The standard of care for claims related to         a specialist’s expertise is


                    16    determined by expert testimony.”

                    17             Simply   put,  no expert,  no  case.  You   can’t prove negligence without proving duty.           Plaintiff

                    18    can’t.


                    19

                    20   Dated:   October    5, 2018
                                                                                                      J
                                                                                               V
                    21                                                                   James Attridge,     Counsel   for BJ Interstate

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