Lerma VS R.E. Staite Engineering, Inc

Case No.: 37-2017-00048669-CU-PO-CTL    

MOTION FOR SUMMARY JUDGMENT by defendant R.E. Staite Engineering, Inc. is DENIED. Objections are overruled. Further, the court notes that plaintiff argued objections in the Points and Authorities, which does not comply with CRC Rules 3.1352(1) and 3.1354(b). The court also notes that defendant filed this Amended Motion for Summary Judgment on January 11, 2019. Defense counsel relied on plaintiff's deposition testimony as evidence. However, defendant did not inform the court that plaintiff had changed the testimony as of December 14, 2018, before this motion was filed. (See, B&P Code §6068(d))

Defendant claims that plaintiff's claims are barred by the workers' compensation exclusivity rule and that plaintiff received workers' compensation benefits through his employer DLF Construction, Inc., who loaned plaintiff to defendant. Thus, under the doctrine of special employee/borrowed servant, plaintiff cannot seek recovery from defendant.

Both federal and Ca........