Marivel Santos vs. Crenshaw Manufacturing

Motion for Summary JudgmentAdjudication

Cal. Super. - 4th Dist.October 5, 2017

O O © oo ~N oO Oo bh 0 DN a N D O N O N N D N N ND ND D D D a2 a m y e d a d a a a a a o m co ~N O O Oa bh Ww W O N a2 OO OW Oo N O O g D N w W w O N - ELECTROMICALLY FILED Superior Court of California, County of Orange Kenneth C. Ward (Bar No. 63131) keward@archernorris.com 06/15/2018 at 03:07:00 PI Jessica S. Pliner (Bar No. 261976) Clerk of the Superior Court jpliner@archernorris.com By hardens Orellana, Deputy Clerk ARCHER NORRIS A Professional Law Corporation 2033 North Main Street, Suite 800 Walnut Creek, California 94596-3759 Telephone: 925.930.6600 Facsimile: 925.930.6620 Attorneys for Defendant CRENSHAW MANUFACTURING, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE MARIVEL SANTOS and ENRIQUE Case No. 30-2017-00948027-CU-PO-CJC SANTOS NUNEZ, [Assigned For All Purposes to Hon. David R. Chaffee in Dept. C20] Plaintiff, CRENSHAW MANUFACTURING, INC.’S V. AMENDED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, CRENSHAW MANUFACTURING, et OR ALTERNATIVELY, SUMMARY al., ADJUDICATION Defendants. [C.C.P. §§ 437c] Reservation No. 72823395 Date: August 31, 2018 Time: 9:30 a.m. Dept... C20 Action Filed: October 5, 2017 Trial Date: None Set TO THE ABOVE-ENTITLED COURT AND ALL INTERESTED PARTIES, INCLUDING PLAINTIFF MARIVEL SANTOS: PLEASE TAKE NOTICE that on August 31, 2018 at 9:30 a.m., or as soon thereafter as the matter may be heard, in Department C20 of the above-entitled Court, located at CENTRAL JUSTICE CENTER, 700 Civic Center Drive in Santa Ana, CA 92701, defendant CRENSHAW MANUFACTURING, INC. (“Crenshaw”) will and hereby AlIGC271/4813-1674-4295-2 CRENSHAW MANUFACTURING, INC.'S AMENDED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, SUMMARY ADJUDICATION © OW 0 ~N oO O o h Ww N N a N N N D N D N D N D ND ND ND VD mm m a s d a d dd a d a d a a a Cw ~ N O O Oo A W N ~~ O O © 0 0 N O O O O U h A N does move for an Order granting summary judgment, or in the alternative, summary ~ adjudication, pursuant to Code of Civil Procedure section 437c. The motion is based on Civil Code 3294(b), Code of Civil Procedure section 437c, Labor Code sections 3600(a), 3602(a) and 4558. Crenshaw seeks summary judgment pursuant to Code of Civil Procedure section 437c as to Plaintiff's sole cause of action against it for violation of Labor Code section 4558 on the basis that there is no triable issue as to any material fact as to Plaintiff's claim. Specifically, Crenshaw is Plaintiff's employer and her claim is barred by California Labor Code Section 3600 et seq. as worker's compensation is her exclusive remedy and her claim fails to meet the requirements of the Power Press Exception (Labor Code section 4558). Therefore, Crenshaw is entitled to summary judgment as a matter of law. Alternatively, Crenshaw seeks summary adjudication of Plaintiff's claim for punitive damages pursuant to Code of Civil Procedure section 437¢(f)(1) on the following issue: Plaintiff's claim for punitive damages against Crenshaw fails as she is unable to establish a requisite element — that an officer, director, or managing agent of Crenshaw committed, ratified, or authorized an act of fraud, malice, or oppression that caused her harm. Therefore, Crenshaw is entitled to summary adjudication of Plaintiff's punitive damages claim as a matter of law. This motion is based on this Notice, the Memorandum of Points and Authorities, Separate Statement of Undisputed Material Facts, the Declarations of Jessica Stuart Pliner, John Manning, Waleed Mansour and Robert Flores, and all supporting exhibits, papers and pleadings on file in this action, and on such other and further oral and documentary evidence presented at or before the hearing of this motion. Please be advised the Court normally publishes tentative rulings on the Internet by 3:00 P.M. the day prior to motion. nn 1" mn AlIGC271/4813-1674-4295-2 2 CRENSHAW MANUFACTURING, INC.'S AMENDED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, SUMMARY ADJUDICATION oO © 00 N N Oo Oo bh Ww DN N N O N O N D N N N D N D N ND D a d a a a A Aa aA Aa a e oo ~N oO o r A W N AA O O OW 00 N O O o h L w N Please also be advised that court reporters will no longer be supplied by the Court for hearings on Law and Motion matters. If counsel or the parties wish to have their particular proceeding reported they will be required to supply their own reporter. Dated:June 15, 2018 ARCHER NORRIS oc Jessica S. Pliner Attorneys for Defendant CRENSHAW MANUFACTURING AlGC271/4813-1674-4295-2 3 CRENSHAW MANUFACTURING, INC.'S AMENDED NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, SUMMARY ADJUDICATION © 0 0 ~N O O U 1 BB WwW N P NN N N N N ND N N N FP RP RB PR RP R R R R R oo N N o o u i BA W N FP F O O VU 00 N O O O U l B W DN PH, O PROOF OF SERVICE Marivel Santos, et al. v. Crenshaw Manufacturing, et al. Orange County Superior Court Case No. 30-2017-00948027-CU-PO-C) C [, Ashley Moser, declare: | am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 2033 North Main Street, Suite 800, Walnut Creek, CA 94596. On the date below, | served the within documents: 1. CRENSHAW MANUFACTURING, INC.'S AMENDED NOTICE OF MOTION AND MOTION FOR SUMMARY J UDGMENT, OR ALTERNATIVELY, SUMMARY ADJ UDICATION . DECLARATION OF JESSICA S. PLINER IN SUPPORT OF MOTION FOR SUMMARY J UDGMENT, OR ALTERNATIVELY, SUMMARY AD) UDICATION . DECLARATION OF WALEED MANSOUR IN SUPPORT OF CRENSHAW MANUFACTURING, INC.'S MOTION FOR SUMMARY J UDGMENT, OR ALTERNATIVELY, SUMMARY AD] UDICATION DECLARATION OF ROBERT FLORES IN SUPPORT OF CRENSHAW MANUFACTURING, INC.'S MOTION FOR SUMMARY J UDGMENT, OR ALTERNATIVELY, SUMMARY AD] UDICATION . DECLARATION OF J] OHN R. MANNING IN SUPPORT OF CRENSHAW MANUFACTURING, INC.'S MOTION FOR SUMMARY J UDGMENT, OR ALTERNATIVELY, SUMMARY AD] UDICATION . SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF IN SUPPORT OF CRENSHAW MANUFACTURING, INC.’S MOTION FOR ToC RSE 4 br MENT, OR ALTERNATIVELY, SUMMARY ADJ UDICATION C.C.P.§§ 437c . MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CRENSHAW MANUFACTURING, INC.’'S MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, SUMMARY ADJ UDICATION VIA COURIER: by causing the document(s) listed above to be hand-delivered by Nationwide Legal Services, or other courier service, to the following person(s) atthe address(es) set forth below. [] Via MALL: by placing the document(s) listed above in a sealed envelope, with postage thereon fully prepaid, in the United States mail at Walnut Creek, California, addressed as set forth below. [1] Vn E-MAIL: by electronically transmitting the documents(s) listed above in “PDF” format to the attorneys of record at their e-mail addresses listed below or on the attached “E-Service List” by 5:00 p.m. (PST). David C. Holt, Esq. Email: dholt@ holtlawoc.com The Holt Law Firm Tel: (714) 730-3999 1432 Edinger Avenue, Suite 130 Fax: (714) 665-3991 Tustin, CA 92780 For: [PL] Marivel Santos and Enrique Santos Nunez AIGC271/4830-3336-2010-1 PROOF OF SERVICE -_ — © © 00 N N Oo Oo A o w DN J. Felix McNulty, Esq. Email: jfelixmcnulty@yahoo.com Law Offices of J. Felix McNulty Tel: (714) 543-7070 P.O. Box 1559 Fax: (714) 707-4037 Santa Ana, CA 92702 For: [PL] Marivel Santos and Enrique Santos Nunez [ovemight] LAW OFFICES OF J. FELIX MCNULTY 1418 North Main St., Suite 200A Santa Ana, CA 92705 | am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. | declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on the date below at Walnut Creek, California. Dated: June 15, 2018 Oot le, &shley Moser AlGC271/4830-3336-2010-1 PROOF OF SERVICE Moser, Ashley From: donotreply@occourts.org Sent: Monday, June 04, 2018 9:11 AM To: Moser, Ashley Subject: Superior Court of Orange County - Motion Reservation Request - CONFIRMATION Follow Up Flag: Follow up Due By: Tuesday, June 05, 2018 8:00 AM Flag Status: Completed Superior Court of California, County of Orange RESERVE A MOTION DATE Your reservation request has been CONFIRMED by the Superior Court. The hearing date and time below has been reserved. You will be asked to provide your reservation number to the court at a later date. MOVING PAPERS MUST BE E-FILED WITHIN 24 HOURS AFTER COMPLETING THE ON-LINE RESERVATION. Failure to submit your moving papers within 24 hours will result in the automatic CANCELLATION of the reservation. NOTE: To EXPEDITE your MOTION filing place the appropriate Court Reservation number (e.g. 7XXXXXXX) on each Motion being submitted. Please do not reply to this email. Reservation Number: 72823395 Hearing Date: August 31, 2018 Hearing Time: 9:30 AM Department: C20 Motion Type: Motion for Summary Judgment and/or Adjudication Case Number: 30-2017-00948027-CU-PO-CIC Case Title: Santos vs. Crenshaw Manufacturing Judicial Officer: Hon. David Chaffee Email: amoser@archernorris.com Date of Request: June 4, 2018 Time of Request: 9:09 AM Transaction Number: 752928351 Superior Court of California » County of Orange