MOTION FOR SUMMARY JUDGMENT
Set for hearing on Tuesday, June 19, 2012, Line 3. DEFENDANT ANDREA DEBERRY'S MOTION FOR SUMMARY JUDGMENT.
The motion is denied because defendant fails to shift the burden of production. Defendant fails to demonstrate that plaintiff was covered by the cited insurance policy as a "residence employee" within the meaning of the policy. In addition, plaintiff obtained worker's compensation benefits under the Uninsured Employer Fund and defendant does show that Allstate's contribution was pursuant to the policy. The parties' compromise and release indicate that the worker's compensation proceeding did not resolve the instant action. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of
Hearing Date
June 19, 2012
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MOTION FOR SUMMARY JUDGMENT
Set for hearing on Tuesday, June 19, 2012, Line 3. DEFENDANT ANDREA DEBERRY'S MOTION FOR SUMMARY JUDGMENT.
The motion is denied because defendant fails to shift the burden of production. Defendant fails to demonstrate that plaintiff was covered by the cited insurance policy as a "residence employee" within the meaning of the policy. In addition, plaintiff obtained worker's compensation benefits under the Uninsured Employer Fund and defendant does show that Allstate's contribution was pursuant to the policy. The parties' compromise and release indicate that the worker's compensation proceeding did not resolve the instant action. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of