Motion for Judicial Notice in BRYAN TRUJILLO, et al vs. STEPHEN MAGEE, et al| Trellis.Law

On April 17, 2018 a Request,Application was filed involving a dispute between Trujillo, Bryan, Trujillo, Cindy, and Does 1-20, Does 1-50, Magee, Stephen, Sac Aero Flying Club, Inc., for (23) Unlimited Other PI/PD/WD in the District Court of San Mateo County.

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iy Supanot Court ut Clin County ot San Mate
GARRY L. MONTANARL, State Bar No. 89790 oN 7/19/2019
WESLEY S. WENIG, State Bar No. 162351 *y__faf Jennifer Tannous
MICHAELIS, MONTANARI & JOHNSON, P.C.
4333 Park Terrace Dr. #110
Westlake Village, CA 91361
Telephone No.: (818) 865-0444
Attorneys for Defendants, STEPHEN MAGEE
and SAC AERO FLYING CLUB, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN MATEO
10

11
BRYAN TRUJILLO and CINDY Case No.: 18CIV01901
12
TRUJILLO,
REQUEST FOR JUDICIAL NOTICE
13 Plaintiffs, IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT
VS.
14
[Filed separately but concurrently
aS herewith:
STEPHEN MAGEE, SAC AERO FLYING 1. Notice of Motion and Motion for
16 CLUB, INC. and DOES 1 - 50, Summary Judgment;
2. Separate Statement of Undisputed
17 Defendants. Material Facts;
3. Declaration of Wesley S. Wenig and
18
ALLIED PROPERTY AND CASUALTY Exhibits]
INSURANCE COMPANY; AMCO
INSURANCE COMPANY, Date: October 7, 2019
19
Time: 9:00 a.m.
20 Plaintiffs-in-Intervention, Dept: Law and Motion

21
VS. Complaint filed: April 17, 2018
Trial Date: November 4, 2019
22
STEPHEN MAGEE, SAC AERO FLYING
23
CLUB, INC.; AND DOES 1 - 20,

24 Defendants.

26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

27 Pursuant to sections 452 and 453 of the California Evidence Code and California Rules of

28 Court, Rules 3.1113(1) and 3.1306(¢), defendants STEPHEN MAGEE and SAC AERO FLYING

1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
CLUB, INC. request that the Court take judicial notice of the following documents:

1 Excerpts of the Federal Aviation Administration’s Advisory Circular No. 00-6B,
subject: Aviation Weather. A true and correct copy of the excerpts of the FAA’s AC No, 00-6B are
attached hereto and are also attached as Exhibit C to the declaration of Wesley S. Wenig.
2, The FAA safety publication, entitled “Wind Shear.” A true and correct copy of the
“Wind Shear” safety publication by the FAA is attached hereto and is also attached as Exhibit D to
the declaration of Wesley S. Wenig.

3 14 Code of Federal Regulations (“CFR”) section 91.3.
4. National Transportation Safety Board Aviation Accident Final Report, Accident No.
10 WPRI7FA023, adopted March 14, 2018.
11 Evidence Code section 452(b) provides that the Court may take judicial notice of the
12 regulations and legislative enactments issued by any public entity in the United States. Evidence
13 Code section 452(H) provides that the Court may take judicial notice of facts and propositions that
14 are not reasonably subject to dispute and are capable of immediate and accurate determination by
15 resort to sources of reasonably indisputable accuracy. Evidence Code section 453 provides that “(a)
16 the trial court shall take judicial notice of any matter specified in section 452 if a party requests it
17 and gives each party sufficient notice of the request, through pleadings or otherwise to enable such
18 adverse party to compare to meet the requests and (b) furnishes the court with sufficient information.
13 to enable it to take judicial notice of the matter.”
20 The courts routinely take judicial notice of agency documents and contents from agency

21 websites. (See Ursack, Inc. v, Sierra Interagency BlackBear Group (2009) U.S. Dist. LEXIS 70809,
22 *18 (N.D. Cal. August 6, 2009).) The attached excerpts and documents of the Federal Aviation
23 Administration’s Advisory Circular and safety publication constitute agency documents by the FAA,
24 a public agency of the United States government, and are therefore judicially noticeable under
25 Evidence Code section 452. Moreover, the aforementioned documents were taken from the FAA’s

26 website, contains information which is not reasonably subject to dispute and is capable of immediate
27 Mtl

28 Hf

-2-

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
and accurate determination by resort to sources of reasonably indisputably accuracy, which further

makes the documents judicially noticeable.

DATED: July 19, 2019 MICHAELIS, MONTANARI & JOHNSON

By Bh hlae--_-
WESLEY S. WENIG
Attorneys for Defendants
STEPHEN MAGEE and SAC AERO
FLYING CLUB, INC.
N:\17517\pld\msj\p-msj.req.jud.nt. 1.wpd

121

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
EXHIBIT 1
pe
U.S. Department
of Transportation
Advisory
Federal Aviation
Administration Circular
Subject: Aviation Weather Date: 8/23/16 AC No: 00-68
Initiated by: AFS-400 Change:
This advisory circular (AC) was published by the Federal Aviation Administration (FAA)
Flight Standards Service (AFS), with contributions from the National Weather Service (NWS)
The publication began in 1943 as CAA Bulletin No. 25, Meteorology for Pilots, which at the
time contained weather knowledge considered essential for most pilots. As aircraft flew farther,
faster, and higher, and as meteorological knowledge grew, the bulletin became obsolete. It was
revised in 1954 under a new title, The Pilots’ Weather Handbook, and updated again in 1965
In 1975 it was revised under its current title.
Previous editions have suffered one common problem—they dealt in part with weather services
that continually change, in keeping with current techniques and service demands. As a result,
each edition was somewhat outdated almost as soon as it was published, its obsolescence
growing throughout the period it remained in print.
In 1975, in order to alleviate this problem, the authors completely rewrote the AC. They
streamlined it into a clear, concise, readable book, and omitted all reference to specific weather
SCTVICES.

The 1975 text remained valid and adequate for many years. Its companion manual, the current
edition of AC 00-45, Aviation Weather Services, supplements this AC. In 2015, this supplement
was updated concurrently with this text. This was done to reflect changes brought about by new
products and services, particularly since this information is now available through the Internet.
The companion AC describes current weather services and formats, and uses real world.
examples of weather graphics and text products.
The two manuals can be downloaded for free via the Internet in PDF format. Print versions are
also sold separately at nominal cost, allowing pilots the opportunity to own a reference copy
of the supplement to keep current with aviation weather services
New scientific capabilities now necessitate an update to this AC. In 1975, aviation users were not
directly touched by radar and satellite weather. In 2016, much of what airmen understand about
the current atmosphere comes from these important data sources. This AC is intended to provide
basic weather information that all airmen must know. This document is intended to be used
as a resource for pilot and dispatcher training programs.

(Gilt
This AC cancels AC 00-6A, Aviation Weather for Pilots and Flight Operations Personnel

John Barbagalio
Deputy Director, Flight Standards Service
8/23/16 AC 00-6B

Chapter 15. Adverse Wind. 15-1
15.1 Introduction 15-1
15.2 Crosswind. 15-1
15.3 Gust.. 5-1
15.4 Tailwind. 15-2
15.5 Variable Wind/Sudden Wind Shift. 15-2
15.6 Wind Shear 15-2

Chapter 16. Weather, Obstructions to Visibility, Low Ceiling, and Mountain Obscuration... 16-1
16.1 Weather and Obstructions to Visibility 16-1
16.1.1 Fog. 16-1
16.1.2 Mist, 16-5
16.1.3 Haze 16-5
16.1.4 Smoke.. 16-5
16.1.5 Precipitation. 16-5
16.1.6 Blowing Snow 16-6
16.1.7 Dust Storm. 16-6
16.1.8 Sandstorm... 16-6
16.1.9 Volcanic Ash . 16-7
16.2. Low Ceiling and Mountain Obscuration. 16-8
16.2.1 Low Ceiling 16-8
16.2.2 Mountain Obscuration. 16-9

Chapter 17. Turbulence. 17-1
17.1 Introduction 17-1
17.2 Causes of Turbulence 17-1
17.2.1 Convective Turbulence... 17-1
17.2.2. Mechanical Turbulence 17-3
17.2.3 Wind Shear Turbulence... 17-5
17.3 Turbulence Factors 17-6

Chapter 18. Icing 18-1
18.1 Introduction 18-1
18.2 Supercooled Water 18-

viti
8/23/16 AC 00-6B

CHAPTER 17. TURBULENCE

71 Introduction, Aircraft turbulence is irregular motion of an aircraft in flight, especially
when characterized by rapid up-and-down motion caused by a rapid variation
of atmospheric wind velocities. Turbulence varies from annoying bumpiness to severe
jolts which cause structural damage to aircraft and/or injury to its passengers. Turbulence
intensities and their associated aircraft reactions are described in the Aeronautical
Information Manual (AIM),

17.2 Causes of Turbulence. Turbulence is caused by convective currents (called convective
turbulence), obstructions in the wind flow (called mechanical turbulence), and
wind shear.

17.2.4 Convective Turbulence. Convective turbulence is turbulent vertical motions that result
from convective currents and the subsequent rising and sinking of air. For every rising
current, there is a compensating downward current. The downward currents frequently
occur over broader areas than do the upward currents; therefore, they have a slower
vertical speed than do the rising currents.

Convective currents are most active on warm summer afternoons when winds are light.
Heated air at the surface creates a shallow, absolutely unstable layer within which
bubbles of warm air rise upward. Convection increases in strength and to greater heights
as surface heating increases. Barren surfaces such as sandy or rocky wastelands and
plowed fields become hotter than open water or ground covered by vegetation. Thus, air
at and near the surface heats unevenly. Because of uneven heating, the strength
of convective currents can vary considerably within short distances.

As air moves upward, it cools by expansion. A convective current continues upward until
it reaches a level where its temperature cools to the same as that of the surrounding air.
If it cools to saturation, a cumuliform cloud forms.

Billowy cumuliform clouds, usually seen over land during sunny afternoons, are
signposts in the sky indicating convective turbulence. The cloud top usually marks the
approximate upper limit of the convective current. A pilot can expect to encounter
turbulence beneath or in the clouds, while above the clouds, air generally is smooth
(see Figure 17-1). When convection extends to great heights, it develops larger towering
cumulus clouds and cumulonimbus with anvil-like tops. The cumulonimbus gives visual
warning of violent convective turbulence.

17-1
8/23/16 AC 00-6B

Figure 17-1. Convective Turbulence

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When the air is too dry for cumuliform clouds to form, convective currents can still
be active. This is called dry convection, or thermals (see Figure 17-2). A pilot has little
or no indication of their presence until encountering the turbulence.

Figure 17-2. Thermals

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17-2
8/23/16 AC 00-6B

17.2.2 Mechanical Turbulence. Mechanical turbulence is turbulence caused by obstructions
to the wind flow, such as trees, buildings, mountains, and so on. Obstructions to the wind
flow disrupt smooth wind flow into a complex snarl of eddies (see Figure 17-3).
An aircraft flying through these eddies experiences mechanical turbulence.

Figure 17-3. Mechanical Turbulence

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SP ACSE
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Mountain waves often produce violent downdrafts on the immediate leeward
side of the mountain barrier. Sometimes the downward speed exceeds the
maximum climb rate of an aircraft and may drive the aircraft into the
mountainside.

A mountain wave cloud is a cloud that forms in the rising branches
of mountain waves and occupies the crests of the waves. The most distinctive
are the sharp-edged, lens-, or almond-shaped lenticular clouds. When
sufficient moisture is present in the upstream flow, mountain waves produce
interesting cloud formations (see Figure 17-5) including: cap clouds,
cirrocumulus standing lenticular (CCSL), Altocumulus Standing Lenticular
(ACSL), and rotor clouds. These clouds provide visual proof that mountain
waves exist. However, these clouds may be absent if the air is too dry.

For additional information on hazardous mountain waves, refer to the current
edition of AC 00-57, Hazardous Mountain Winds and their Visual Indicators.

17-4
8/23/16 AC 00-6B

Figure 17-5. Mountain Wave Clouds
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ee

CF
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17.2.3 Wind Shear Turbulence. Wind shear is the rate of change in wind direction and/or speed
per unit distance. Wind shear generates turbulence between two wind currents
of different directions and/or speeds (see Figure 17-6). Wind shear may be associated
ith either a wind shift or a wind speed gradient at any level in the atmosphere.

Figure 17-6. Wind Shear Turbulence
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2ava? SHEAR aang roe
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17-5
8/23/16 AC 00-6B

17.2.3.1 Temperature Inversion. A temperature inversion is a layer of the atmosphere
in which temperature increases with altitude. Inversions commonly occur
within the lowest few thousand feet above ground due to nighttime radiational
cooling, along frontal zones, and when cold air is trapped in a valley. Strong
wind shears often occur across temperature inversion layers, which can
generate turbulence (see Figure 17-7).

Figure 17-7, Wind Shear Turbulence Associated with a Temperature Inversion

Warm air

~~
Yt a> tr Be)

Ry
Cold air

17.2.3.2 Clear Air Turbulence (CAT). Clear Air Turbulence (CAT) is a higher
altitude (~20,000 to 50,000 feet) turbulence phenomenon occurring in
cloud-free regions associated with wind shear, particularly between the core
of a jet stream and the surrounding air. It can often affect an aircraft without
warning. CAT frequency and intensity are maximized during winter when jet
streams are strongest.

For additional information on CAT, refer to the current edition of AC 00-30,
Clear Air Turbulence Avoidance.

17.3 Turbulence Factors. How an aircraft will respond to turbulence varies with: intensity
of the turbulence, aircraft size, wing loading, airspeed, and aircraft altitude. When
an aircraft travels rapidly from one current to another, it undergoes abrupt changes
in acceleration.

17-6
EXHIBIT 2
a
_ Federal Aviation
Administration

Wind Shear

is
ue

any

FAA-P-8740-40 © AFS-8 (2008)
HQ 101130

WIND SHEAR

Introduction
“Tonto 55, how do you read?”

“55, loud and clear.”

It has been a good flight, thinks the Instructor Pilot (IP) as the pilot in front smoothly and efficiently
makes the transition to the Ground Controlled Approach (GCA) final. I enjoy being an instructor on
days like this one.
“Tonto 55, begin descent. Slightly above glide path, on course. Seven miles from touchdown.”
He is really smooth on this GCA, thinks the IP—just a little trouble getting down to the glide slope.

“Slightly above glide path, on course. Five miles from touchdown.”

“Slightly above glide path, on course, wind 050, 10 knots. Cleared to land Runway 05. Four miles from
touchdown.”

The IP thinks—This approach is not taking much thrust. Maybe they tuned up the engines last night.
“On glide path, on course. Two miles from touchdown.”

“Slightly below glide path. One mile from touchdown.”
“Going well below glide path. Well below glide path.”

Wow, thinks the IP, the bottom dropped out of this approach. Add power. “I've got it!”
Light burners, light!

“Tonto 55, too low for safe approach. Climb immediately! Contact departure.”

The IP thinks again—Did we hit those lights?
“Uh, GCA, Tonto 55, on the go. Going to tower.”
“What happened?” asks the pilot in training.

What happened, indeed? How could two experienced pilots let themselves get so far behind
the aircraft that they crashed into the approach lights on a perfectly clear day? A few years
ago, the answer would have been a simple “pilot error.” People would shake their heads and
go on as usual. Now, thanks to increased research and experience, we are more aware of
the complex problem of wind shear. This document explains the wind shear phenomenon.
Learning about the dangers wind shear can present might save your life.
WIND SHEAR

What Is Wind Shear?

Wind Shear Defined
Wind shear is a change in wind speed and/or direction over a short distance. It can occur either horizontally or
vertically and is most often associated with strong temperature inversions or density gradients. Wind shear can
occur at high or low altitude. Note: This document discusses only low-altitude wind shear.

Wind Shear

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Four common sources of low-level wind shear are—
1. Frontal activity.
2. Thunderstorms.
3. Temperature inversions.
4, Surface obstructions.

Frontal Wind Shear
Not all fronts have associated wind shear. In fact, shear is normally a problem only in those fronts with steep
wind gradients. As with so many things associated with weather, there is no absolute rule, but a couple of clues
tell you that wind shear may occur:
* The temperature difference across the front at the surface is 10 °F (5 °C) or more.
+ The front is moving at a speed of at least 30 knots.

You can get clues about the presence of wind shear during the weather briefing by checking these two factors.
Ask the briefer and, if these factors are present, be prepared for the possibility of shear on approach.
ND SHEAR

Wind Shear From Thunderstorms
Wind shear is just one of the many unpleasant aspect of thunderstorms. The violence of these storms and their
winds are well documented. The two worst problems outside actual storm penetration are shear related. These are
the “first gust” and the “downburst.” The rapid shift and increase in wind just before a thunderstorm hits is the
first gust.

Figure 1. First gust hazards. STORM DIRECTION
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laa of possibly upto about—— ye ground level
wi
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banc tb! a 10 may, ‘Up to 100%
180° AGL
me pe oy

Figure 2. Downdrafts. Strong down-
drafts from a dissipating thunder- KL Old coll + New cell
dissipating building
storm cell spread horizontally as they
approach the ground. This wedge of LOPE
cold air provides a lifting force on . SS
surrounding warm air, which may be S52
sufficient to initiate the formation of
ul AS
new thunderstorm cells,
W Direction of
‘movement

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w

yy
Warm Air
ahh
IPP ne Cold Air
Hillel
2 6 10 1 8 22 a
Horizontal distance- 1000 Ft.

Gusty winds are associated with mature thunderstorms and are the result of large downdrafts striking the ground
and spreading out horizontally. These winds can change direction by as much as 180 degrees and reach velocities
of 100 knots as far as 10 miles ahead of the storm. The gust wind speed may increase by as much as 50 percent
between the surface and 1,500 feet, with most of the increase occurring in the first 150 feet. The implications for
a shear on approach in such a case are obvious.
WIND SHEAR
a a

The other wind problem mentioned previously, the downburst, is also downdraft related. It is an extremely
intense, localized downdraft from a thunderstorm. This downdraft exceeds 720-feet-per-minute vertical velocity
at 300 feet AGL. The power of the downburst can actually exceed aircraft climb capabilities, not only those of
light aircraft, but, as is documented in one case, even a high-performance Air Force jet.

The downburst is usually much closer to the thunderstorm than the first gust, but there is no absolutely reliable
way to predict the occurrence. One clue is the presence of dust clouds, roll clouds, or intense rainfall. It would be
best to avoid such areas.

Wind Shear From Temperature Inversions
Pilots who have flown in the Southwest, Southern California, or Colorado are familiar with this weather pattern.
Overnight cooling creates a temperature inversion a few hundred feet above the ground. When coupled with high
winds from what is known as the low-level jet stream, this inversion can produce significant wind shear close to
the ground.

Figure 3. Temperature inversions.
—————> WARM AIR (Low level Jet)
Turbulence at boundary between
OSTOC LHL Tat 9 ALD T&T
¥ Tree

SS Naw COLD CALM AIR calm, cold air and a low-level warm
air jet stream.
S
&SX
‘3 =
ats Es at
One particularly bothersome aspect of temperature inversion shears is that as the inversion dissipates, the shear
plane and gusty winds move closer to the ground. In some areas of the Southwest, a 90-degree change in direc-
tion and 20- to 30-knot increases in surface winds in a few minutes are not uncommon. Obviously, such a shift
would make an approach difficult at best.
Wind Shear From Surface Obstructions
Wind shear from surface obstruction is generally associated with hangars or other buildings near the runway. The
sudden change in wind velocity can seriously affect a landing.

Another type of surface obstruction—mountains—can also affect wind shear. Some airfields are close to moun-
tain ranges, and mountain passes are close to the final approach paths. Strong surface winds blowing through
these passes can cause serious localized wind shear during the approach. The real problem with such shear is that
it is almost totally unpredictable in terms of magnitude or severity. A pilot can expect such shear whenever strong
surface winds are present.

Types of Wind Shear
Wind shear can be divided into horizontal and vertical shears. Although both components can affect an aircraft
simultaneously, it is easier to discuss each separately.

Horizontal Wind Shear
Horizontal shear occurs when the flight path of an airplane passes through a wind shift plane. Figure 4 shows
how such a penetration would appear as an aircraft crosses a cold front.
WIND SHEAR

Figure 4. Windshift.

COLD

a
cme Wind-Shift Line

WARM

Vertical Wind Shear
Vertical wind shear is the type most often associated with an approach. Vertical shear is normal near the ground
and can have the most serious effect on an aircraft. The change in velocity or direction can drastically alter lift,
indicated airspeed, and thrust requirements. It can exceed the pilot’s capability to recover.

Effects of Wind Shear on Aircraft
In its many forms, wind shear can change a routine approach into an emergency recovery in a matter of seconds.
An aircraft is affected by the change in wind direction/velocity because the wind also changes the aircraft motion
relative to the ground. We will look at the effects of wind shear on an aircraft and on pilot techniques for coping
with a shear situation.

Situation 1—High Enough for Recovery
Suppose that an aircraft is stabilized on an instrument landing system approach and encounters a shear that
results from a decreasing head wind. In such a case, a transient loss of airspeed and lift causes the aircraft to
descend. The pilot must compensate for this loss of lift. The critical factor is whether the aircraft has sufficient
altitude to complete a recovery.

In Figure 5, the shear occurs at an altitude high enough for the pilot to complete the recovery (just past the final
approach fix, for example).
As the aircraft passes through the shear level, airspeed and lift are lost. The aircraft starts to sink and drops below
the glide path. The pilot recognizes this development as a deviation and corrects the situation with increased pitch
and power. Very often, the correction is too large, so the aircraft overshoots the desired airspeed and glide path.
Because the pilot has sufficient altitude to correct, however, the aircraft can be landed safely.
WIND SHEAR

Figure 5. Moderate shear—altitude
sufficient to recover.
. Loss of indicated air speed is
equivalent to shear value.
om | Lift is lost; the aircraft pitches
SHEAR ‘Shean down and drops below the glide
evel roi TEVEL.
slope.
_ oe The pilot applies power to regain
>= GPa
Gta sione speed, pulls the nose up, and
Runway am Fight ath climbs back to the glide slope.

The aircraft overshoots the glide
slope and target air speed, but the
pilot recovers and lands without
difficulty.

Situation 2—Landing Long and “Hot”
Figure 6 illustrates a situation in which the shear encounter takes place farther down the glide path. Reaction time
is more critical. Again, the initial reaction of the aircraft to the shear and the pilot’s correction are the same. In
this case, however, if the pilot overcorrects and the aircraft goes above the glide slope with airspeed increasing
sufficiently, the pilot does not have enough altitude to recover, and the aircraft may land long and hot.

Figure 6. Moderate shear—over-
correction leads to landing long.
. Loss of indicated air speed is
equivalent to shear value.

Lift is lost; the aircraft pitches
down and drops below the glide
slope.
eas,
ind eo . The pilot applies power to regain
— SSS
speed and pulls the nose up to
‘SHEAR Se —suean
tee ee taowna | climb back to the glide slope.
oo 7 —
ee a
down and drops below the glide suean SHEAR
LEVEL ZaroWind
slope.
ST re
The pilot applies power to regain Gite Sopa
= Fig Pat
airspeed and pulls the nose up
to climb back to the glide slope;
engine spool-up requires time.

The aircraft is in high drag configuration with altitude critical. Increasing the angle of attack produces only
a slight or momentary increase in lift, accompanied by a tremendous increase in drag as the maximum value
of the lift/drag ratio is exceeded. The result is a momentary arrest of the descent with decreasing airspeed,
followed by a large increase in an already high descent rate.

The pilot's only hope is to pull on the yoke and push on the throttles.

Pilot action is too late; the aircraft crashes short of the runway.

The most hazardous form of wind shear is encountered in thunderstorms. The severe, sudden wind changes can
exceed the performance capabilities of many sophisticated aircraft. Numerous documented cases of aircraft
mishaps have been directly related to encounters with thunderstorm wind shear.

How To Cope With Wind Shear
Here are the best ways a pilot can prevent a hazardous encounter with wind shear:
+ Know wind shear is there.
* Know the magnitude of the change.
+ Be prepared to correct or go around immediately.
WIND SHEAR
EE

About This Series
The purpose of this series of Federal Aviation Administration (FAA) safety publications is to provide the aviation
community with safety information that is informative, handy, and easy to review. Many of the publications in
this series summarize material published in various FAA advisory circulars, handbooks, other publications, and
audiovisual products developed by the FAA and used by the FAA Safety Team (FAASTeam) for educational
purposes.

Some of the ideas and materials in this series were developed by the aviation industry. The FAASTeam acknowl-
edges the support of the aviation industry and its various trade and membership groups in the production of this
series.

Comments regarding these publications should be e-mailed to ProduetManager@ FAASatety gov,

Additional copies of this publication may be downloaded or printed at http://FAASafet
EXHIBIT 3
federal Aviation Ad ration, DOT §9Lo
4
ballgons, which are governed by part $91,7 Civil aircraft airworthiness..
101 of, this ghapter, and w itralight vehi-
cles. ‘Operated lance with bart (a) No person may operate a civil air-
103 of thi8 chapter) witht me U1 craft unless if 18 in an alrworthy Sondi-
Statgé cluding the wai tion,
nau Gal miles f the U, By doast,| ») The. pilot in command of a oiyil
(b). fach pers operating: adroratt aircraft responsible determ!
in the airspacé overlying iter’ whether that alporaty in condition
tween 8 @; 2 nautical miles irdi the for sage fligti in comimand
coas! United Stata: ist shall disco ne tae ight when, un-
ply wll 5591-1 through 91.21; §§94-1 1 airworthy mech ly electrical, or
throtigh: 91.151 throtgh 91.159; siractural condition: occur,
c 94, ee 91.193; $61,208; et: 2083
9 through 91.217 1, §91.225; $91.9. Civil, aircraft, flight ‘mianual,
‘ 91,903 through 91.319; §S91. aa through By AN olacard requirements,
OL } $91,605; §91.609; §$91.703 through (a) Fixcept as, provided in paragraph
91.7) ind § 81.908. (@) of this section, no person may oper-
(ce, is part applies to éach person ate a civil airoraft without complying
on board an aircraft being oporated, with the operating limitations speci-
unde? this » unless _ speci- fied in the approved Airplane or Rotor-
fle
craft Flight Manual, ‘markings, and
‘This-par 0,establishes require-
placards, or as otherwise prescribed by
for operators to ta e actions to
support, > continued airworthiness of thé cértificating withority ofthe coun
plane, try of registry
(b) No ittayy operate 20.8. ‘i
(Doe,
am
No. 18834, 64 FR 94292, Ang.-18, 1989, as istered ofvil aivoraft—=
y Amdt, 91-257, 64 FR 1079, Jan. 7,
199 at. 2, 69 FR 448g0, July 27, 200 4; (1), For which an Al lane or Roti
Amat ‘2 F'R, 63410, Nov. 8, ea Ardb, craft Flight Manual is required by" S25
91-314, 75, ER. 3, May 28, 2010] of this chapter uiléss there is availel
iti the atroratt 4 current, ‘approved
Sos Responsibility and suithority of plane or Rotorcraft Flight Manual cae
e-pil command, the,manual vioyldga for in daleHALO;
ar The ron" ‘in command of an alr.
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" 48 dirsétly responstble for, and is "a For which an Airplane or ie
the findl authority ds to, the operation otatt Flight Manual is not requi by
of that niroraft. * §21.5 of this chapter, ,unless there is
'b) In an in-flight erhergenoy requir- available in the airoraft a current ap-
ingsimmediate action, the pilot in com-

Case Info

Judge

Fineman, Nancy L. Track Judge’s New Case

Case No.

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Document Filed Date

July 19, 2019

Case Filing Date

April 17, 2018

County

Parties

ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY Intervenor
AMCO INSURANCE COMPANY Intervenor
BAUERLE, ASHLEY E. Attorneys for Plaintiffs
CHOO, CLAIRE Attorney for the Plaintiff
DANKO, MICHAEL S. Attorney for the Plaintiff
DOES 1-20 Defendant
DOES 1-50 Defendant
MAGEE, STEPHEN Defendant
MONTANARI, GARRY L Attorney for the Defendant
SAC AERO FLYING CLUB, INC. Defendant
TRUJILLO, BRYAN Plaintiff
TRUJILLO, CINDY Plaintiff
WENIG, WESLEY S. Attorney for the Defendant
Michael Smith Attorneys for Plaintiffs
John Moon Attorneys for Defendants
Shawn Miller Attorneys for Plaintiffs
Tamara Gabel Attorney
Kyounghwa Lee Attorneys for Plaintiffs
Claire Yazigi Attorneys for Plaintiffs
David Meredith Attorney
Michael Sherman Attorneys for Plaintiffs
Renee White Attorney
Thomas Le Attorney
James Michaelis Attorneys for Defendants
Ashley Eickhof Attorneys for Plaintiffs

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Request,Application: BRYAN TRUJILLO, et al vs. STEPHEN MAGEE, et al

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