Air Wing LLC vs. One Piper Ranch LLC [E-FILE]

Case No.: 37-2014-00009315-CU-CD-CTL    

The court addresses the evidentiary issues. Defendant SB&O, Inc.'s request for judicial notice is granted as to 1-3 (Exhibits 2, 3, 5, 7 and 8) and denied as to 6 (Exhibit 13 – "Customized Weather History and accompanying raw data from the electronic version of Old Farmer's Almanac"). Plaintiffs' evidentiary objections to Exhibit 13 are sustained. Defendant SB&O's evidentiary objections are overruled for failure to comply with the requirements of California Rules of Court, rule 3.1354(b) ["[e]ach written objection must be numbered consecutively . . . ."].

The court then rules as follows. Defendant SB&O, Inc.'s motion for summary judgment is denied. The operative Second Amended Complaint alleges one cause of action against SB&O for Negligence. SB&O brings this motion pursuant to the CCP § 337.1 4-year statute of limitations and pursuant to the CCP § 337.15 10-year statute of repose.

It is undisputed that the Notice of Completion for the Project was reco........