This case was last updated from San Francisco County Superior Courts on 12/14/2018 at 06:18:06 (UTC).

ANDRE GARCIA VS. AXIS CONSTRUCTION et al

Case Summary

On 06/27/2013 ANDRE GARCIA filed a Personal Injury - Other Personal Injury lawsuit against AXIS CONSTRUCTION. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are JOHN K. STEWART, MARLA J. MILLER, ERNEST H. GOLDSMITH and CYNTHIA M. LEE. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2435

  • Filing Date:

    06/27/2013

  • Case Status:

    Not Classified By Court

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    San Francisco, California

Judge Details

Judges

JOHN K. STEWART

MARLA J. MILLER

ERNEST H. GOLDSMITH

CYNTHIA M. LEE

 

Party Details

Plaintiffs

GARCIA, ANDRE

GARCIA, TRISHA

Intervenor and Claimant

THE FEDERAL INSURANCE COMPANY

Defendants, Cross Plaintiffs and Cross Defendants

AXIS CONSTRUCTION

AXIS SERVICES, INC. DBA AXIS CONSTRUCTION

CHAMPION SCAFFOLD SERVICES, INC.

CITY AND COUNTY OF SAN FRANCISCO (ERRONEOUSLY SUED AS SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY)

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

DOES 1 TO 25

DOES 1 TO 20

CITY AND COUNTY OF SAN FRANCISCO

ROES 1-20, INCLUSIVE

HIPPWRAP CONTAINMENT, INC

ROES 1-20

MOES 1-20

9 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

BULLER TERRY D

BULLER, TERRY D

Attorney at LAW OFFICES OF TERRY D. BULLER

1418 Lakeside Drive

Oakland, CA 94612

Intervenor and Claimant Attorney

SNYDER, STEPHEN MICHAEL

P.O. Box 150149

San Rafael, CA 94915-0149

Defendant, Cross Plaintiff and Cross Defendant Attorneys

QUAN, HEIDI C

Attorney at MURCHISON & CUMMING, LLP

275 Battery St Ste 550

San Francisco, CA 94111

AGAJANIAN, TIM M.

Attorney at ROPERS, MAJESKI, KOHN & BENTLEY

445 South Figueroa St, Ste, 3000

Los Angeles, CA 90071

GRAY, WILMA J

Attorney at MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

1211 Newell Avenue

Walnut Creek, CA 94596

HART, ALAN J

Attorney at ROPERS MAJESKI KOHN & BENTLEY

445 South Figueroa St Ste 3000

Los Angeles, CA 90071-1619

WILMA J. GRAY

HERRERA, DENNIS JOSE

Attorney at CITY ATTORNEYFOX PLAZA

1390 Market Street, 6Th Floor

San Francisco, CA 94102-5408

SHEINFIELD, FREDERICK PAUL

1390 Market Street, 6Th Floor

San Francisco, CA 94102

GERCHOW, MICHAEL A

Attorney at DEPUTY CITY ATTORNEY

1390 Market Street, Sixth Floor

San Francisco, CA 94102

CARLING, DUNCAN

Attorney at DEPUTY CITY ATTORNEY

1390 Marklet St 6Th Fl

San Francisco, CA 94102

SCHULZ, PETER J.

Attorney at GRECO TRAFICANTE SCHULZ & BRICK

One America Plaza, 600 West Broadway, Ste 960

San Diego, CA 92101

 

Court Documents

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF AUG-06-2014 CONTINUED TO OCT-08-2014 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS OF SUBSTITUTION OF PLAINTIFF'S SUCCESSOR IN INTEREST. NOTICE SENT BY COURT.

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY CROSS DEFENDANT HIPPWRAP CONTAINMENT, INC ESTIMATED TIME FOR TRIAL: 1.0 DAYS

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY DEFENDANT CHAMPION SCAFFOLD SERVICES, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 7.0 DAYS

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF JAN-15-2014 CONTINUED TO MAR-19-2014 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

City and County of San Franciscos Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 55307774) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 5.0 DAYS

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 14355021) FILED BY CROSS DEFENDANT HIPPWRAP CONTAINMENT, INC ESTIMATED TIME FOR TRIAL: 3.0 DAYS

NOTICE OF ENTRY OF DISMISSAL OF COMPLAINT

NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE (TRANSACTION ID # 57296331) FILED BY CROSS DEFENDANT CHAMPION SCAFFOLD SERVICES, INC.

REQUEST FOR DISMISSAL

DISMISSAL WITH PREJUDICE OF COMPLAINT IN INTERVENTION (TRANSACTION ID # 15102062)

DEMAND FOR JURY

DEMAND FOR JURY FILED BY DEFENDANT AXIS SERVICES, INC. DBA AXIS CONSTRUCTION

75 More Documents Available

 

Docket Entries

  • 11/04/2014
  • Payment : REQ OR STIP AND ORDER W/O HEARING; Amount : $20; Payment Type : CHECK; Receipt Number : W2114B04C041

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  • 09/11/2014
  • Payment : MOTION; Amount : $60; Payment Type : CHECK; Receipt Number : R1614911M006

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  • 03/28/2014
  • Payment : MOTION; Payment Type : NO FEE; Receipt Number : W1714328M012

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  • 03/28/2014
  • Payment : EX PARTE MOTION; Amount : $60; Payment Type : CHECK; Receipt Number : W2114328E018

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  • 03/04/2014
  • Payment : REQ OR STIP AND ORDER W/O HEARING; Amount : $20; Payment Type : CHECK; Receipt Number : W1714304C030

    Read MoreRead Less
  • 03/04/2014
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : CHECK; Receipt Number : W1714304F029

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  • 02/28/2014
  • Payment : JURY FEES; Amount : $150; Payment Type : CHECK; Receipt Number : R1614228J016

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  • 12/19/2013
  • Payment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : CHECK; Receipt Number : W2113C19R041

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  • 12/19/2013
  • Payment : MOTION; Amount : $60; Payment Type : CHECK; Receipt Number : W2113C19M040

    Read MoreRead Less
  • 11/21/2013
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : CHECK; Receipt Number : W2113B21F033

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121 More Docket Entries
  • 08/09/2013
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  • SUMMONS ISSUED TO CROSS COMPLAINANT AXIS SERVICES, INC. DBA AXIS CONSTRUCTION

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  • 08/09/2013
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  • CROSS COMPLAINT FILED BY CROSS COMPLAINANT AXIS SERVICES, INC. DBA AXIS CONSTRUCTION AS TO CROSS DEFENDANT CITY AND COUNTY OF SAN FRANCISCO (ERRONEOUSLY SUED AS SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY) HIPPWRAP CONTAINMENT, INC MOES 1-20

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  • 06/27/2013
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  • NOTICE OF FILING AND TRANSMITTAL (TRANSFERRED FROM ALAMEDA COUNTY - CASE NO. RG12657463)

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  • 06/27/2013
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  • CROSS COMPLAINT FILED BY CROSS COMPLAINANT CHAMPION SCAFFOLD SERVICES, INC. AS TO CROSS DEFENDANT SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY ROES 1-20

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  • 06/27/2013
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  • ANSWER TO COMPLAINT FILED BY DEFENDANT CHAMPION SCAFFOLD SERVICES, INC.

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  • 06/27/2013
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  • ANSWER TO COMPLAINT FILED BY DEFENDANT AXIS SERVICES, INC. DBA AXIS CONSTRUCTION

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  • 06/27/2013
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  • REGISTER OF ACTIONS - TRANSFERRED FROM ALAMEDA COUNTY SUPERIOR COURT (CASE NO. RG12657463) - FILINGS FROM NOVEMBER 20, 2012 THROUGH JUNE 6, 2013 - SEE SCANNED DOCUMENTS

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  • 06/27/2013
  • FILING FEES OF $450 PAID BY PLAINTIFF

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  • 06/27/2013
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  • NOTICE TO PLAINTIFF

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  • 06/27/2013
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  • PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, COMPLAINT TRANSFERRED FROM ALAMEDA COUNTY FILED BY PLAINTIFF GARCIA, ANDRE AS TO DEFENDANT AXIS CONSTRUCTION SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY CHAMPION SCAFFOLD SERVICES, INC. DOES 1 TO 20 NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOV-27-2013 PROOF OF SERVICE DUE ON AUG-26-2013 CASE MANAGEMENT STATEMENT DUE ON NOV-12-2013 (Fee:$450.00)

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Tentative Rulings

Case Number:*******2435
Case Title:ANDRE GARCIA VS. AXIS CONSTRUCTION et al
Court Date:NOV-20-2013 09:30 AM
Calendar Matter:DEMURRER TO CROSS COMPLAINT
Rulings:On calendar for Wednesday, November 20, 2013, Line 16, CROSS-DEFENDANT HIPPWRAP CONTAINMENT, INC'S DEMURRER TO CROSS COMPLAINTThe demurrer is off calendar as moot; a First Amended Cross-Complaint filed November 13, 2013. =302/MJM


Case Number:*******2435
Case Title:ANDRE GARCIA VS. AXIS CONSTRUCTION et al
Court Date:FEB-07-2014 09:30 AM
Calendar Matter:DEMURRER TO 1ST AMENDED CROSS COMPLAINT
Rulings:Set for hearing on Friday, February 7, 2014, Line 10, CROSS DEFENDANT HIPPWRAP CONTAINMENT, INC's DEMURRER TO 1ST AMENDED CROSS COMPLAINT.Sustained. Cross-Defendant's demurrer is sustained without leave to amend as to the first and second causes of action. The facts in the First Amended Cross-Complaint show that both parties did not sign the Subcontract Agreement before the injury to Plaintiff occurred on November 17, 2011. (First Amended Cross-Complaint, 13, 15.) Following Nielsen Construction Company v. International Iron Products (1993) 18 Cal.App.4th 863, 869, the express indemnity clause in the Subcontract Agreement is unenforceable under Labor Code u00A7 3864 because both parties did not sign the Subcontract Agreement before the injury occurred. The City of Oakland v. Delcon Associates (1985) 168 Cal.App.3d 1126, case is not controlling because it is factually distinguishable. As to the third cause of action, the demurrer is sustained with leave to amend as Cross-Complainant relies on facts not alleged in the First Amended Cross-Complaint. Cross-Complainant is given 10 days leave to amend to plead facts, if it can do in good faith, regarding Cross-Defendant's failure to obtain an additional insured endorsement in violation of the Subcontract Agreement. 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 subject line of the email shall include the line number, case name and case number. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/EHG)


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