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37986.1658
LEWIS BRISBOIS BISGAARD & SMITH LLP
SHAWN A. TOLIVER, SB# 148349
Email: Shawn.Toliver@lewisbrisbois.com
FILED
SAN MATEO COUNTY .
JULIE M. AZEVEDO, SB# 151618
Email: Julie. Azevedo@lewisbrisbois.com OCT 22 2019
2185 North California Blvd., Suite 300
Walnut Creek, California 94596 rior Court
Telephone: 925.357.3456 ay meme
Facsimile: 925.478.3260 CLERE
Attorneys for Defendants PAUL BONIFACIO
and MARGARET HYUN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10
il BRICEIDA LOPEZ, an individual, JOSE CASE NO. 18-CIV-01696
SOLIS, an individual,
12 STIPULATION TO FILE A MOTION
Plaintiffs, FOR SUMMARY ADJUDICATION OF A
13 LEGAL ISSUE OR CLAIM AND
Vs. RDER
14
PAUL BONIFACIO, an individual, Action Filed: April 6, 2018
15 MARGARET HYUN, an individual, Trial Date: February 18, 2020
AMERIGAS PROPANE, L.P., a business
16 entity, AMERIGAS PROPANE, INC., a
corporation, AMERIGAS, INC., a corporation,
17 and DOES ONE thorough ONE-HUNDRED,
inclusive,
18
Defendants.
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21 IT IS HEREBY STIPULATED by and between the parties to this action, Plaintiffs
22 BRICEIDA LOPEZ and JOSE SOLIS (“Plaintiffs”), Defendants PAUL BONIFACIO and
23 MARGARET HYUN (“Bonifacio/Hyun”), and Defendants AMERIGAS PROPANE, LP.,
24 AMERIGAS PROPANE, INC., and AMERIGAS, INC. (“AmeriGas”) by and through their
25 respective counsel of record, that Bonifacio/Hyun be allowed to file an Motion for Summary
26 Adjudication of a Legal Issue or Claim as follows:
27 That Defendants Bonifacio/Hyun may move for summary adjudication of a legal issue or claim
28 that does not completely dispose of a cause of action pursuant to California Code of Civil Procedure
LEWI 4848-8506-4361.1
BRISBOIS
BISGAARD STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A
&SMTHUP LEGAL ISSUE OR CLAIM AND {PROPROSEDJ-ORDER
ATTORNES
AT LAW
is
1 || section 437c(t).
2 The parties stipulate that this motion will further the interest of judicial economy by
3 decreasing trial time and significantly increasing the likelihood of settlement.
4 Defendants Bonifacio/Hyun’s motion will be based on a potential cause of the propane
leak, explosion, and fire which is the subject of Plaintiffs’ Second Amended Complaint as set forth
in the attached Declaration of Julie M. Azevedo (Exhibit A hereto).
Further, the adjudication of the issue presented on Bonifacio/Hyun’s motion may lead to
the settlement of Plaintiffs’ claims against Defendants Bonifacio/Hyun which will shorten the
length of trial, the issues to be presented, and the parties presenting argument.
10 IT IS SO STIPULATED.
11 DATED: October A{__, 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP
a ——————-
12
13 i
Tal lie
A
Azevedo
14 s for Defendants PAUL BONIFACIO and
MARGARET HYUN
15
16
DATED: October —— 2019 WALKUP, MELODIA, KELLY & SCHOENBERGER
17
18 By:
Matthew D. Davis
19
Attorneys for Plaintiffs BRICEIDA LOPEZ and
20 JOSE SOLIS
21
22 DATED: October |B _, 2019 BULLIVANT/HOUSER BAILEY PC
23
By:
24
Keitff] Gillette
25 Attorneys for Defendants AMERIGAS
PROPANE, L.P., AMERIGAS PROPANE, INC.,
26 and IERIGAS, INC.
27
28
EWI 4848-8506-4361.1
BRISBOI STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A
Ss2k LEGAL ISSUE AND. ORDER
-
O
1 section 437c(t).
2 The parties stipulate that this motion will further the interest of judicial economy by
3 || decreasing trial time and significantly increasing the likelihood of settlement.
4 Defendants Bonifacio/Hyun’s motion will be based on a potential cause of the propane
5 || leak, explosion, and fire which is the subject of Plaintiffs’ Second Amended Complaint as set forth
6| in the attached Declaration of Julie M. Azevedo (Exhibit A hereto).
7
Further, the adjudication of the issue presented on Bonifacio/Hyun’s motion may lead to
8 the settlement of Plaintiffs’ claims against Defendants Bonifacio/Hyun which will shorten the
9 length of trial, the issues to be presented, and the parties presenting argument.
10 IT IS SO STIPULATED.
il DATED: October —_—~ 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP
12
By:
13
Julie M. Azevedo
14 Attorneys for Defendants PAUL BONIFACIO and
MARGARET HYUN
15
16
DATED: October 18, 2019 WALKUP, LODIA, KELLY & SCHOENBERGER
1
18
19 By:
fatthew D. Davis
20 Attorneys for Plaintiffs BRICEIDA LOPEZ and
JOSE SOLIS
21
22
DATED: October _—_ 2019 BULLIVANT HOUSER BAILEY PC
2
24
By:
25 Keith R. Gillette
Attorneys for Defendants AMERIGAS
26 PROPANE, L.P., AMERIGAS PROPANE, INC.,
and AMERIGAS, INC.
27
28
EWI
4848-8506-4361.1 2
BRISBOI STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A
2 - LEGAL ISSUE AND POSED]LORDER
U f
VS
1
<{PROPOSED] ORDER
PURSUANT TO STIPULATION between Plaintiffs BRICEIDA LOPEZ and JOSE
SOLIS, Defendants PAUL BONIFACIO and MARGARET HYUN, and Defendants AMERIGAS
PROPANE, L.P., AMERIGAS PROPANE, INC., and AMERIGAS, INC. and GOOD CAUSE
HAVING BEEN SHOWN THEREFOR,
IT IS HEREBY ORDERED that:
1 Defendants PAUL BONIFACIO and MARGARET HYUN may file a Motion for
Summary Adjudication on the issue that Defendant Bonifacio’s failure to cap the disconnected
pipe and valve that provided gas to the dryer was not a cause of the propane leak which led to the
10 explosion andfire of the Christy Lane home, which injured plaintiffs.
il IT IS SO ORDERED.
12 DATED: — /Q7 DD—. , 2019
13
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Judge of the Superior Court
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LEW
ERISSOIS 4848-8506-4361.1
BISGAARD STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A
&SVIHUP
ATORESATAW LEGAL ISSUE OR CLAIM AND. ORDER
SJ
Exhibit A — Declaration of Julie M. Azevedo
~
O QI
LEWIS BRISBOIS BISGAARD & SMITH LLP
SHAWN A. TOLIVER, SB# 148349
Email: Shawn.Toliver@lewisbrisbois.com
JULIE M. AZEVEDO, SB# 151618
Email: Julie. Azevedo@lewisbrisbois.com
2185 North California Blvd., Suite 300
Walnut Creek, California 94596
Telephone: 925.357.3456
Facsimile: 925.478.3260
Attorneys for Defendants PAUL BONIFACIO
and MARGARET HYUN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10
11 BRICEIDA LOPEZ, an individual, JOSE CASE NO. 18-CIV-01696
SOLIS, an individual,
12 DECLARATION OF JULIE M. AZEVEDO
Plaintiffs, IN SUPPORT OF DEFENDANTS PAUL
13 BONIFACIO AND MARGARET HYUN’S
vs. SUBMISSION OF MOTION FOR
14 SUMMARY ADJUDICATION OF A
PAUL BONIFACIO, an individual, LEGAL ISSUE OR CLAIM
15 MARGARET HYUN, an individual,
AMERIGAS PROPANE, L.P., a business Action Filed: April 6, 2018
16 entity, AMERIGAS PROPANE, INC., a Trial Date: February 18, 2020
corporation, AMERIGAS, INC., a corporation,
17 and DOES ONE thorough ONE-HUNDRED,
inclusive,
18
Defendants.
19
20
21 I, Julie M. Azevedo, declare as follows:
22 1 Iam an attorney duly admitted to practice in all of the courts of the State of
23 California and J am a partner with Lewis Brisbois Bisgaard & Smith LLP, attorneys of record for
24 Defendants PAUL BONIFACIO and MARGARET HYUN (“Defendants”) herein. The facts set
25 forth herein are of my own personal knowledge, and if sworn I could and would competently
26 testify thereto.
27 2 On July 16, 2019, Plaintiffs filed a Second Amended Complaint alleging in part,
28 that Defendants Bonifacio and Hyun, as the owners of a property located at 1509 Christy Lane,
LEMS
ERSBOIS
BISGAARD 4845-0774-6985.1
&SMMHUP DECLARATION OF JULIE M. AZEVEDO
ATOREXSATIAW
x -
Olympic Valley, in Placer County, California, negligently violated Article 15.12 of the Placer
County Building Code entitled, “Liquefied Petroleum Gas Installations.” Plaintiffs contend such
violations led to a propane leak, explosion, and subsequent fire injuring Plaintiffs who were in the
Christy Lane home.
3 Defendants Bonifacio and Hyun seek the Court’s permission to file a motion for
summary adjudication of an issue or claim pursuant to Code of Civil Procedure section 437c(t),
relating to one of the potential sources of propane that could have caused the explosion and fire.
4 As counsel for Defendants, I participated in several examinations of propane pipes
preserved from the Christy Lane home following the explosion and fire. I am informed and
10 believe that the majority, if not all, of Plaintiffs’ and Defendants’ experts considered two potential
il sources for the propane leak that caused the explosion and fire: (1) exterior piping that was
12 fractured due to snow load, creating an accumulation of propane that ultimately exploded resulting
13 in the fire, injuring Plaintiffs; and (2) a disconnected pipe and valve, that was connected to a gas
14 dryer, which was removed by Defendant Bonifacio.
15 5 There is evidence that Defendant Bonifacio removed the gas dryer from the Christy
16 Lane home in December of 2016, and turned off the valve delivering gas to the dryer, but did not
17 cap the pipe.
18 6 I am informed and believe that the gas pipe and valve leading to the dryer was
19 tested by all parties’ experts in this case, and that the experts do not believe that the pipe or gas
20 valve that led to the dryer was leaking propane at the time of testing, and therefore, it can
21 reasonably be inferred that the pipe and valve were not leaking at the time of the fire, were not a
22 source of a propane leak, and therefore, did not cause the explosion and fire.
23 7 Defendants seek to bring a motion for summary adjudication on the issue that
24 Defendant Bonifacio’s failure to cap the disconnected pipe and valve that provided gas to the
25 dryer was not a cause of the propane leak which led to the explosion and fire of the Christy Lane
26 home, which injured plaintiffs. The motion will further the interests of, judicial economy by
27 decreasing trial time, the issues presented at trial, expert testimony, the number of witnesses at
28 trial, and the duration of their testimony, and will significantly increase the likelihood of
LEMS
BRISBOIS
BISGAARD 4845-0774-6985.1
&SVMHUP DECLARATION OF JULIE M. AZEVEDO
ATORESATAW
~ ’
settlement and/or resolution of Plaintiffs’ claims.
8 All parties have stipulated, pursuant to Code of Civil Procedure section
437c(1)(1)(A), to permit Defendants to proceed with a motion for summary adjudication on this
issue or claim.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed on October_@/_, 2019, at
Walnut Creek, California.
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LEWIS 28
ERSSOIS
BISGAARD 4845-0774-6985.1
&SVIMHUP
ATORESATIAW DECLARATION OF JULIE M. AZEVEDO
o
V)
CALIFO IA STATE COURT PROOF OF SERVICE
Briceida Lopez, et al. v. Paul Bonifacio, et al.
San Mateo County Superior Court, Case No. 18-CIV-01696
STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA
At the time of service, I was over 18 years of age and not a party to the action. My
business address is 2185 N. California Blvd., Suite 300, Walnut Creek, CA 94596.
On October 21, 2019, I served the following document:
STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A LEGAL
ISSUE OR CLAIM AND [PROPOSED] ORDER
I served the document on the following persons at the following addresses (including fax
numbers and e-mail addresses, if applicable):
SEE ATTACHED SERVICE LIST
10
The document was served by the following means:
M1
i (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
12 agreement of the parties to accept service by e-mail or electronic transmission, I caused the
document to be sent from e-mail address rose.chan@lewisbrisbois.com to the persons at the e-mail
13 addresses listed above. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
14
I declare under penalty of perjury under the laws of the State of California that the
15 foregoing is true and correct.
16 Executed on October 21, 2019, at Walnut Creek, California.
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Rose Chan
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ews
BISGAARD 4848-8506-4361.1
&SVIHUP PROOF OF SERVICE
ATORNESATIAW
SERVICE LIST
Briceida Lopez, et al. v. Paul Bonifacio, et al.
San Mateo County Superior Court, Case No. 18-CIV-01696
Matthew D. Davis, Esq. Keith R. Gillette, Esq.
Spencer J. Pahlke, Esq. Bullivant Houser Bailey PC
Walkup, Melodia, Kelly Schoenberger 101 Montgomery Street, Suite 2600
650 California Street, 26 &
Floor San Francisco, CA 94104-4146
San Francisco, CA 94108-2615 Tel: (415) 352-2700
Tel: (415) 981-7210 Fax: (415) 352-2701
Fax: (415) 391-6965 Email: keith.gillete@pbullivant.com
Email: mdavis@walkuplawoffice.com ‘oberta.beach@bullivant.com
spahlke@walkuplawoffice.com ‘obert.schelly@bullivant.com
kbenzien@walkuplawoffice.com Attorneys for Defendants AMERIGAS
ssaephan@walkuplawoffice.com PROPANE, L.P., AMERIGAS PROPANE,
Attorneys for Plaintiffs BRICEIDA LOPEZ INC., and AMERIGAS, INC,
and JOSE SOLIS
10 James T. Hultquist, Esq. May-tak Chin, Esq.
Reed Smith LLP Reed Smith LLP
il 10 South Wacker Drive 101 Second Street, Suite 1800
Chicago, IL 60606-7507 San Francisco, CA 94105-3659
12 Tel: (312) 207-1000 Tel: (415) 543-8700
(312) 207-6494 (direct) Fax: (415) 391-8269
13 Fax: (312) 207-6400 Email: mchin@reedsmith.com
Email: jhultquist@reedsmith.com Attorneys for Defendants AMERIGAS
14 Attorneys for Defendants AMERIGAS PROPANE, L.P., AMERIGAS PROPANE,
PROPANE, L.P., AMERIGAS PROPANE, INC., and AMERIGAS, INC.
15 INC., and AMERIGAS, INC.
16
*** STIPULATION TO ELECTRONIC SERVICE IN EFFECT BETWEEN
17 THE PARTIES ***
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BRISBOIS
BISGAARD
&SVIHUP
4848-8506-4361.1 5
ATORNESATIAW SERVICE LIST
Preview
\ aR Oo 37986.1658 LEWIS BRISBOIS BISGAARD & SMITH LLP SHAWN A. TOLIVER, SB# 148349 Email: Shawn.Toliver@lewisbrisbois.com FILED SAN MATEO COUNTY . JULIE M. AZEVEDO, SB# 151618 Email: Julie. Azevedo@lewisbrisbois.com OCT 22 2019 2185 North California Blvd., Suite 300 Walnut Creek, California 94596 rior Court Telephone: 925.357.3456 ay meme Facsimile: 925.478.3260 CLERE Attorneys for Defendants PAUL BONIFACIO and MARGARET HYUN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 il BRICEIDA LOPEZ, an individual, JOSE CASE NO. 18-CIV-01696 SOLIS, an individual, 12 STIPULATION TO FILE A MOTION Plaintiffs, FOR SUMMARY ADJUDICATION OF A 13 LEGAL ISSUE OR CLAIM AND Vs. RDER 14 PAUL BONIFACIO, an individual, Action Filed: April 6, 2018 15 MARGARET HYUN, an individual, Trial Date: February 18, 2020 AMERIGAS PROPANE, L.P., a business 16 entity, AMERIGAS PROPANE, INC., a corporation, AMERIGAS, INC., a corporation, 17 and DOES ONE thorough ONE-HUNDRED, inclusive, 18 Defendants. 19 20 21 IT IS HEREBY STIPULATED by and between the parties to this action, Plaintiffs 22 BRICEIDA LOPEZ and JOSE SOLIS (“Plaintiffs”), Defendants PAUL BONIFACIO and 23 MARGARET HYUN (“Bonifacio/Hyun”), and Defendants AMERIGAS PROPANE, LP., 24 AMERIGAS PROPANE, INC., and AMERIGAS, INC. (“AmeriGas”) by and through their 25 respective counsel of record, that Bonifacio/Hyun be allowed to file an Motion for Summary 26 Adjudication of a Legal Issue or Claim as follows: 27 That Defendants Bonifacio/Hyun may move for summary adjudication of a legal issue or claim 28 that does not completely dispose of a cause of action pursuant to California Code of Civil Procedure LEWI 4848-8506-4361.1 BRISBOIS BISGAARD STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A &SMTHUP LEGAL ISSUE OR CLAIM AND {PROPROSEDJ-ORDER ATTORNES AT LAW is 1 || section 437c(t). 2 The parties stipulate that this motion will further the interest of judicial economy by 3 decreasing trial time and significantly increasing the likelihood of settlement. 4 Defendants Bonifacio/Hyun’s motion will be based on a potential cause of the propane leak, explosion, and fire which is the subject of Plaintiffs’ Second Amended Complaint as set forth in the attached Declaration of Julie M. Azevedo (Exhibit A hereto). Further, the adjudication of the issue presented on Bonifacio/Hyun’s motion may lead to the settlement of Plaintiffs’ claims against Defendants Bonifacio/Hyun which will shorten the length of trial, the issues to be presented, and the parties presenting argument. 10 IT IS SO STIPULATED. 11 DATED: October A{__, 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP a ——————- 12 13 i Tal lie A Azevedo 14 s for Defendants PAUL BONIFACIO and MARGARET HYUN 15 16 DATED: October —— 2019 WALKUP, MELODIA, KELLY & SCHOENBERGER 17 18 By: Matthew D. Davis 19 Attorneys for Plaintiffs BRICEIDA LOPEZ and 20 JOSE SOLIS 21 22 DATED: October |B _, 2019 BULLIVANT/HOUSER BAILEY PC 23 By: 24 Keitff] Gillette 25 Attorneys for Defendants AMERIGAS PROPANE, L.P., AMERIGAS PROPANE, INC., 26 and IERIGAS, INC. 27 28 EWI 4848-8506-4361.1 BRISBOI STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A Ss2k LEGAL ISSUE AND. ORDER - O 1 section 437c(t). 2 The parties stipulate that this motion will further the interest of judicial economy by 3 || decreasing trial time and significantly increasing the likelihood of settlement. 4 Defendants Bonifacio/Hyun’s motion will be based on a potential cause of the propane 5 || leak, explosion, and fire which is the subject of Plaintiffs’ Second Amended Complaint as set forth 6| in the attached Declaration of Julie M. Azevedo (Exhibit A hereto). 7 Further, the adjudication of the issue presented on Bonifacio/Hyun’s motion may lead to 8 the settlement of Plaintiffs’ claims against Defendants Bonifacio/Hyun which will shorten the 9 length of trial, the issues to be presented, and the parties presenting argument. 10 IT IS SO STIPULATED. il DATED: October —_—~ 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP 12 By: 13 Julie M. Azevedo 14 Attorneys for Defendants PAUL BONIFACIO and MARGARET HYUN 15 16 DATED: October 18, 2019 WALKUP, LODIA, KELLY & SCHOENBERGER 1 18 19 By: fatthew D. Davis 20 Attorneys for Plaintiffs BRICEIDA LOPEZ and JOSE SOLIS 21 22 DATED: October _—_ 2019 BULLIVANT HOUSER BAILEY PC 2 24 By: 25 Keith R. Gillette Attorneys for Defendants AMERIGAS 26 PROPANE, L.P., AMERIGAS PROPANE, INC., and AMERIGAS, INC. 27 28 EWI 4848-8506-4361.1 2 BRISBOI STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A 2 - LEGAL ISSUE AND POSED]LORDER U f VS 1 <{PROPOSED] ORDER PURSUANT TO STIPULATION between Plaintiffs BRICEIDA LOPEZ and JOSE SOLIS, Defendants PAUL BONIFACIO and MARGARET HYUN, and Defendants AMERIGAS PROPANE, L.P., AMERIGAS PROPANE, INC., and AMERIGAS, INC. and GOOD CAUSE HAVING BEEN SHOWN THEREFOR, IT IS HEREBY ORDERED that: 1 Defendants PAUL BONIFACIO and MARGARET HYUN may file a Motion for Summary Adjudication on the issue that Defendant Bonifacio’s failure to cap the disconnected pipe and valve that provided gas to the dryer was not a cause of the propane leak which led to the 10 explosion andfire of the Christy Lane home, which injured plaintiffs. il IT IS SO ORDERED. 12 DATED: — /Q7 DD—. , 2019 13 14 Judge of the Superior Court 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEW ERISSOIS 4848-8506-4361.1 BISGAARD STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A &SVIHUP ATORESATAW LEGAL ISSUE OR CLAIM AND. ORDER SJ Exhibit A — Declaration of Julie M. Azevedo ~ O QI LEWIS BRISBOIS BISGAARD & SMITH LLP SHAWN A. TOLIVER, SB# 148349 Email: Shawn.Toliver@lewisbrisbois.com JULIE M. AZEVEDO, SB# 151618 Email: Julie. Azevedo@lewisbrisbois.com 2185 North California Blvd., Suite 300 Walnut Creek, California 94596 Telephone: 925.357.3456 Facsimile: 925.478.3260 Attorneys for Defendants PAUL BONIFACIO and MARGARET HYUN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 11 BRICEIDA LOPEZ, an individual, JOSE CASE NO. 18-CIV-01696 SOLIS, an individual, 12 DECLARATION OF JULIE M. AZEVEDO Plaintiffs, IN SUPPORT OF DEFENDANTS PAUL 13 BONIFACIO AND MARGARET HYUN’S vs. SUBMISSION OF MOTION FOR 14 SUMMARY ADJUDICATION OF A PAUL BONIFACIO, an individual, LEGAL ISSUE OR CLAIM 15 MARGARET HYUN, an individual, AMERIGAS PROPANE, L.P., a business Action Filed: April 6, 2018 16 entity, AMERIGAS PROPANE, INC., a Trial Date: February 18, 2020 corporation, AMERIGAS, INC., a corporation, 17 and DOES ONE thorough ONE-HUNDRED, inclusive, 18 Defendants. 19 20 21 I, Julie M. Azevedo, declare as follows: 22 1 Iam an attorney duly admitted to practice in all of the courts of the State of 23 California and J am a partner with Lewis Brisbois Bisgaard & Smith LLP, attorneys of record for 24 Defendants PAUL BONIFACIO and MARGARET HYUN (“Defendants”) herein. The facts set 25 forth herein are of my own personal knowledge, and if sworn I could and would competently 26 testify thereto. 27 2 On July 16, 2019, Plaintiffs filed a Second Amended Complaint alleging in part, 28 that Defendants Bonifacio and Hyun, as the owners of a property located at 1509 Christy Lane, LEMS ERSBOIS BISGAARD 4845-0774-6985.1 &SMMHUP DECLARATION OF JULIE M. AZEVEDO ATOREXSATIAW x - Olympic Valley, in Placer County, California, negligently violated Article 15.12 of the Placer County Building Code entitled, “Liquefied Petroleum Gas Installations.” Plaintiffs contend such violations led to a propane leak, explosion, and subsequent fire injuring Plaintiffs who were in the Christy Lane home. 3 Defendants Bonifacio and Hyun seek the Court’s permission to file a motion for summary adjudication of an issue or claim pursuant to Code of Civil Procedure section 437c(t), relating to one of the potential sources of propane that could have caused the explosion and fire. 4 As counsel for Defendants, I participated in several examinations of propane pipes preserved from the Christy Lane home following the explosion and fire. I am informed and 10 believe that the majority, if not all, of Plaintiffs’ and Defendants’ experts considered two potential il sources for the propane leak that caused the explosion and fire: (1) exterior piping that was 12 fractured due to snow load, creating an accumulation of propane that ultimately exploded resulting 13 in the fire, injuring Plaintiffs; and (2) a disconnected pipe and valve, that was connected to a gas 14 dryer, which was removed by Defendant Bonifacio. 15 5 There is evidence that Defendant Bonifacio removed the gas dryer from the Christy 16 Lane home in December of 2016, and turned off the valve delivering gas to the dryer, but did not 17 cap the pipe. 18 6 I am informed and believe that the gas pipe and valve leading to the dryer was 19 tested by all parties’ experts in this case, and that the experts do not believe that the pipe or gas 20 valve that led to the dryer was leaking propane at the time of testing, and therefore, it can 21 reasonably be inferred that the pipe and valve were not leaking at the time of the fire, were not a 22 source of a propane leak, and therefore, did not cause the explosion and fire. 23 7 Defendants seek to bring a motion for summary adjudication on the issue that 24 Defendant Bonifacio’s failure to cap the disconnected pipe and valve that provided gas to the 25 dryer was not a cause of the propane leak which led to the explosion and fire of the Christy Lane 26 home, which injured plaintiffs. The motion will further the interests of, judicial economy by 27 decreasing trial time, the issues presented at trial, expert testimony, the number of witnesses at 28 trial, and the duration of their testimony, and will significantly increase the likelihood of LEMS BRISBOIS BISGAARD 4845-0774-6985.1 &SVMHUP DECLARATION OF JULIE M. AZEVEDO ATORESATAW ~ ’ settlement and/or resolution of Plaintiffs’ claims. 8 All parties have stipulated, pursuant to Code of Civil Procedure section 437c(1)(1)(A), to permit Defendants to proceed with a motion for summary adjudication on this issue or claim. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on October_@/_, 2019, at Walnut Creek, California. fie 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 LEWIS 28 ERSSOIS BISGAARD 4845-0774-6985.1 &SVIMHUP ATORESATIAW DECLARATION OF JULIE M. AZEVEDO o V) CALIFO IA STATE COURT PROOF OF SERVICE Briceida Lopez, et al. v. Paul Bonifacio, et al. San Mateo County Superior Court, Case No. 18-CIV-01696 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA At the time of service, I was over 18 years of age and not a party to the action. My business address is 2185 N. California Blvd., Suite 300, Walnut Creek, CA 94596. On October 21, 2019, I served the following document: STIPULATION TO FILE A MOTION FOR SUMMARY ADJUDICATION OF A LEGAL ISSUE OR CLAIM AND [PROPOSED] ORDER I served the document on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): SEE ATTACHED SERVICE LIST 10 The document was served by the following means: M1 i (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an 12 agreement of the parties to accept service by e-mail or electronic transmission, I caused the document to be sent from e-mail address rose.chan@lewisbrisbois.com to the persons at the e-mail 13 addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 14 I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct. 16 Executed on October 21, 2019, at Walnut Creek, California. 17 18 Rose Chan 19 20 21 22 23 24 25 26 27 28 ews BISGAARD 4848-8506-4361.1 &SVIHUP PROOF OF SERVICE ATORNESATIAW SERVICE LIST Briceida Lopez, et al. v. Paul Bonifacio, et al. San Mateo County Superior Court, Case No. 18-CIV-01696 Matthew D. Davis, Esq. Keith R. Gillette, Esq. Spencer J. Pahlke, Esq. Bullivant Houser Bailey PC Walkup, Melodia, Kelly Schoenberger 101 Montgomery Street, Suite 2600 650 California Street, 26 & Floor San Francisco, CA 94104-4146 San Francisco, CA 94108-2615 Tel: (415) 352-2700 Tel: (415) 981-7210 Fax: (415) 352-2701 Fax: (415) 391-6965 Email: keith.gillete@pbullivant.com Email: mdavis@walkuplawoffice.com ‘oberta.beach@bullivant.com spahlke@walkuplawoffice.com ‘obert.schelly@bullivant.com kbenzien@walkuplawoffice.com Attorneys for Defendants AMERIGAS ssaephan@walkuplawoffice.com PROPANE, L.P., AMERIGAS PROPANE, Attorneys for Plaintiffs BRICEIDA LOPEZ INC., and AMERIGAS, INC, and JOSE SOLIS 10 James T. Hultquist, Esq. May-tak Chin, Esq. Reed Smith LLP Reed Smith LLP il 10 South Wacker Drive 101 Second Street, Suite 1800 Chicago, IL 60606-7507 San Francisco, CA 94105-3659 12 Tel: (312) 207-1000 Tel: (415) 543-8700 (312) 207-6494 (direct) Fax: (415) 391-8269 13 Fax: (312) 207-6400 Email: mchin@reedsmith.com Email: jhultquist@reedsmith.com Attorneys for Defendants AMERIGAS 14 Attorneys for Defendants AMERIGAS PROPANE, L.P., AMERIGAS PROPANE, PROPANE, L.P., AMERIGAS PROPANE, INC., and AMERIGAS, INC. 15 INC., and AMERIGAS, INC. 16 *** STIPULATION TO ELECTRONIC SERVICE IN EFFECT BETWEEN 17 THE PARTIES *** 18 19 20 21 22 23 24 25 26 27 28 BRISBOIS BISGAARD &SVIHUP 4848-8506-4361.1 5 ATORNESATIAW SERVICE LIST