Tentative ruling issued by Judge Glen Reiser on Aug. 13, 2010 in Ventura County, CA - Case no: xxxxxVTA

Case Name:   Doug Mabee vs. State of California

Case No.:   (Subscribe to View)

On August 13, 2010, Judge Glen Reiser of Ventura County Superior Court, Department 40, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Ventura County, California. Hearing Date 08.13.2010.

Case Type: PI/PD/WD - Auto

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D National Railroad Passenger Corp. and D Union Pacific (collectively "the Railroad Ds") move for SJ/SAI. The motion is based upon written discovery responses (Murphy decl., exs. "A"-"B"); certain inadequately authenticated and unhiglighted deposition transcripts (id., at exs. "C"-"H"; cf., CRC 3.1116(c)); pleadings in this case (id., at exs. "I"-"J"); and certain unauthenticated PUC rules (id., at ex. "K"). The collective exhibits are untabbed in contravention of CRC 3.1110(f).
The Railroad Ds augment that precarious evidentiary showing with declarations asserting that the passenger train in question was not exceeding 79 m.p.h. and flashing its headlight at the time of the accident; that the train's 110 decibel horn sounded four times "spanning 16 seconds" before impact (Wilson decl., ¶ 5); and that the crossing in question is owned by Union Pacific (Tom, decl., ¶ 4). The Railroad Ds also ask the Court to judicially notice the referenced case pleadings, which I do; and uncert….....

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Case Info

Judge

Glen Reiser

Case No.

(Subscribe to View)

Hearing Date

August 13, 2010

County

Ventura County, CA

Department

40

Docket Filing date

February 20, 2009

Category

Civil - Unlimited

Type

PI/PD/WD - Auto

Parties

  • Aggeler, Terence (Cross - Complainant), represented by DUSTIN WELLS

  • Aggeler, Terence (Cross - Defendant), represented by FRED KRAKAUER

  • Aggeler, Terence (Defendant), represented by DUSTIN WELLS

  • Amtrak (Defendant)

  • Amtrak (Defendant)

  • Cal Trans (Defendant)

  • Cal Trans (Defendant)

  • David Young Family Trust (Cross - Defendant)

  • Elizabeth Johansing Partne… (Defendant)

  • Elizabeth M Johansing Partnership (Defendant), represented by TERRENCE J BONHAM

  • Hernandez, Gilbert Ronald (Cross - Defendant)

  • Hernandez, Gilbert Ronald (Cross - Defendant), represented by BENJAMIN F. COATS

  • Hernandez, Gilbert Ronald (Cross - Defendant), represented by BENJAMIN F. COATS

  • Hernandez, Jordan (Cross - Complainant), represented by BRIAN A. OSBORNE

  • Hernandez, Jordan Michael (Cross - Defendant)

  • Hernandez, Jordan Michael (Cross - Defendant), represented by BENJAMIN F. COATS

  • Hernandez, Jordan Michael (Cross - Defendant), represented by BENJAMIN F. COATS

  • J D Mc Grath Farms (Cross - Defendant)

  • J D Mc Grath Farms (Defendant)

  • J D Mc Grath Farms (Defendant)

  • J.D. McGrath Farms LLC (Cross - Complainant), represented by JAMES N. II PROCTER

  • J.D. McGrath Farms LLC (Cross - Defendant)

  • J.D. McGrath Farms LLC (Defendant), represented by JAMES N. II PROCTER

  • J.D. McGrath Farms LLC (Defendant), represented by JAMES N. II PROCTER

  • Joseph Wolf Living Trust S… (Cross - Defendant)

  • Longford Partners LLP (Cross - Defendant)

  • Longford Partners LP (Cross - Complainant), represented by LISA N SHYER

  • Longford Partners LP (Defendant)

  • Longford Partners LP (Defendant)

  • M Johansing Partnership (Defendant)

  • Mabee, Desti (Plaintiff), represented by ALLEN R. BALL

  • Mabee, Desti (Plaintiff), represented by ALLEN R. BALL

  • Mabee, Desti (Plaintiff), represented by ALLEN R. BALL

  • Mabee, Desti (Plaintiff), represented by ALLEN R. BALL

  • Mabee, Desti (Plaintiff), represented by WILLIAM WEILBACHER

  • Mabee, Desti (Plaintiff), represented by WILLIAM WEILBACHER

  • Mabee, Desti (Plaintiff), represented by WILLIAM WEILBACHER

  • Mabee, Doug (Plaintiff), represented by ALLEN R. BALL

  • Mabee, Doug (Plaintiff), represented by ALLEN R. BALL

  • Mabee, Doug (Plaintiff), represented by ALLEN R. BALL

  • Mabee, Doug (Plaintiff), represented by ALLEN R. BALL

  • Mabee, Doug (Plaintiff), represented by WILLIAM WEILBACHER

  • Mabee, Doug (Plaintiff), represented by WILLIAM WEILBACHER

  • Mabee, Doug (Plaintiff), represented by WILLIAM WEILBACHER

  • McGrath Family Farms (Defendant)

  • McGrath Family Farms (Defendant)

  • National Railroad Passenge… (Cross - Complainant)

  • National Railroad Passenge… (Cross - Defendant)

  • National Railroad Passenger Corporation (Defendant), represented by Michael E Murphy

  • Series VI 4880 Colt Street… (Cross - Defendant)

  • State of California (Defendant)

  • State of California (Defendant)

  • The People of The State of California, acting by and through The Department of Transportation (Defendant), represented by Alexander Prieto

  • The People of The State of California, acting by and through The Department of Transportation (Defendant), represented by Michael E Murphy

  • Union Pacfiic Corporation (Defendant)

  • Union Pacfiic Corporation (Defendant)

  • Union Pacific Railroad Com… (Cross - Complainant)

  • Union Pacific Railroad Com… (Cross - Defendant)

  • Union Pacific Railroad Company (Defendant), represented by Michael E Murphy

  • Wolf, Joseph (Defendant)

  • Wolf, Joseph (Defendant)

  • Young, David Family Trust (Defendant)

  • Young, David Family Trust (Defendant)

  • Zoes 1 through 50 (Cross - Defendant)

Other rulings in case

Other rulings by Hon. Glen Reiser

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