On April 17, 2018 a
Motion-Secondary
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.
Preview
Electrnnically
RECEIVED
9/23/2019
MICHAEL S. DANKO, ESQ. SBN 111359
mdank0@dankolaw.com CLERK {1F TI-IE SUPERIDH CGUHT
SA" IHTED EGUHT'I"
KYOUNGHWA K. LEE, ESQ. SBN 304634
klee@dankolaw.com
DANKO MEREDITH
333 Twin Dolphin Drive, Suite 145
Redwood Shores, CA 94065
Telephone: (650) 453-3600
Facsimile: (650) 394-8672
Attorneys for Plaintiffs
BRYAN TRUJILLO and CINDY TRUJILLO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
10 UNLIMITED CIVIL JURISDICTION
11 BRYAN TRUJILLO and CINDY TRUJILLO, Case N0. 18CIV01901
12 Plaintiffs, [PROPOSED ORDER]
ORDER DENYING DEFENDANTS
13 V. STEPHEN MAGEE AND SAC AERO
FLYING CLUB, INC.’S MOTION FOR
14 STEPHEN MAGEE, SAC AERO FLYING SUMMARY JUDGMENT
CLUB, INC, AND DOES 1 -
50,
15 Date: October 7, 2019
Defendants. Time: 9:00 am.
16 Dept: Law and Motion
17 ALLIED PROPERTY AND CASUALTY Complaint filed: April 17, 20 1 8
INSURANCE COMPANY; AMCO Trial Date: November 4, 20 1 9
18 INSURANCE COMPANY,
19 Plaintiffs-in—Intervention,
20 V.
21 STEPHEN MAGEE, SAC AERO FLYING
CLUB, INC.; AND DOES 1-20,
22
Defendants.
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Defendants STEPHEN MAGEE and SAC AERO FLYING CLUB, INC. ’s motion for
26
summary judgment came 0n for a hearing on October 7, 2019 in Department _, the
27
Honorable presiding.
28
Court, having read and considered the oral and written evidence, having considered the
1
[PROPOSED] ORDER AFTER HEARING ON MOTION FOR SUMMARY JUDGMENT
supporting and opposing memoranda and briefs 0f all parties, having heard and considered the
arguments 0f counsel, and good cause appearing hereby makes the following rulings 0n
Defendants’ Motion related t0 all causes of action pleaded in Plaintiffs’ Complaint:
Defendants’ Motion for Summary Judgment is DENIED. Triable issue 0f fact exists as
to the following matters:
1) Whether defendant Magee was negligent in preparing for his flight and whether he
should have foreseen the possibility 0f unforecast turbulence during his landing on
Half Moon Bay runway 12; and
2) Whether defendant Magee’s decision t0 retract his aircraft’s flaps caused the crash.
10
11 Defendants’ request for judicial notice is granted.
12
13 IT IS SO ORDERED.
14
15
16 Dated: ,
20 1 9
17 Hon.
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27
28
2
[PROPOSED] ORDER AFTER HEARING ON MOTION FOR SUMMARY JUDGMENT
Document Filed Date
September 23, 2019
Case Filing Date
April 17, 2018
Category
(23) Unlimited Other PI/PD/WD
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Electrnnically RECEIVED 9/23/2019 MICHAEL S. DANKO, ESQ. SBN 111359 mdank0@dankolaw.com CLERK {1F TI-IE SUPERIDH CGUHT SA" IHTED EGUHT'I" KYOUNGHWA K. LEE, ESQ. SBN 304634 klee@dankolaw.com DANKO MEREDITH 333 Twin Dolphin Drive, Suite 145 Redwood Shores, CA 94065 Telephone: (650) 453-3600 Facsimile: (650) 394-8672 Attorneys for Plaintiffs BRYAN TRUJILLO and CINDY TRUJILLO SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITED CIVIL JURISDICTION 11 BRYAN TRUJILLO and CINDY TRUJILLO, Case N0. 18CIV01901 12 Plaintiffs, [PROPOSED ORDER] ORDER DENYING DEFENDANTS 13 V. STEPHEN MAGEE AND SAC AERO FLYING CLUB, INC.’S MOTION FOR 14 STEPHEN MAGEE, SAC AERO FLYING SUMMARY JUDGMENT CLUB, INC, AND DOES 1 - 50, 15 Date: October 7, 2019 Defendants. Time: 9:00 am. 16 Dept: Law and Motion 17 ALLIED PROPERTY AND CASUALTY Complaint filed: April 17, 20 1 8 INSURANCE COMPANY; AMCO Trial Date: November 4, 20 1 9 18 INSURANCE COMPANY, 19 Plaintiffs-in—Intervention, 20 V. 21 STEPHEN MAGEE, SAC AERO FLYING CLUB, INC.; AND DOES 1-20, 22 Defendants. 23 24 25 Defendants STEPHEN MAGEE and SAC AERO FLYING CLUB, INC. ’s motion for 26 summary judgment came 0n for a hearing on October 7, 2019 in Department _, the 27 Honorable presiding. 28 Court, having read and considered the oral and written evidence, having considered the 1 [PROPOSED] ORDER AFTER HEARING ON MOTION FOR SUMMARY JUDGMENT supporting and opposing memoranda and briefs 0f all parties, having heard and considered the arguments 0f counsel, and good cause appearing hereby makes the following rulings 0n Defendants’ Motion related t0 all causes of action pleaded in Plaintiffs’ Complaint: Defendants’ Motion for Summary Judgment is DENIED. Triable issue 0f fact exists as to the following matters: 1) Whether defendant Magee was negligent in preparing for his flight and whether he should have foreseen the possibility 0f unforecast turbulence during his landing on Half Moon Bay runway 12; and 2) Whether defendant Magee’s decision t0 retract his aircraft’s flaps caused the crash. 10 11 Defendants’ request for judicial notice is granted. 12 13 IT IS SO ORDERED. 14 15 16 Dated: , 20 1 9 17 Hon. 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER AFTER HEARING ON MOTION FOR SUMMARY JUDGMENT