Tentative ruling on Jul. 21, 2023 in Tuolumne County, CA - Case no: xxxxx196

CV64196 Chavolla v. Sierra Pacific Industries
Hearing on: Demurrer to Second Amended Cross-Complaint
Moving Party: Vito Trucking LLC
Tentative Ruling: Overruled. Vito to answer in 5 days.
This is a personal injury action. Sierra Pacific Industries (hereinafter “Sierra”) harvests lumber.
Vito Trucking, LLC (hereinafter “Vito”) transports lumber. In the early morning hours of
02/03/20, Sierra’s employee (Scott) drove over Vito’s employee (plaintiff). Plaintiff sued both
Sierra and Scott, claiming negligence. Sierra filed a cross-complaint against Vito, claiming that
Vito was partially liable because plaintiff was not following industry safety protocols when he
was run over. Sierra also claims that Vito failed to honor contractual obligations to protect
Sierra in the case of a lawsuit like this.
On 12/05/22, this Court sustained Vito’s demurrer to four of the five causes of action contained
within Sierra’s original Cross-Comp….....