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LEONARD JAMES MARTIN, IN PROPRIA PERSONA
Plaintiff, In Propria Persona
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CENTRAL CIVIL WEST
DANIEL W. MUSTOE, MIKE ADAMS, NORMAN ALATORRE, SKYE ASHLEY BASILE, STEVEN BASILE, LESTER BAYS, BARRY BERNSON, WAYNE BURNES, DEREK CHRISTENSEN, ERIC DRESSOR, JESUS GONZALEZ, FRILL HANSEN, RODNEY HIGGINS, JEFF M. HILL, RANDY INGRAHAM, ANTHONY INEZ, JOHN IZUMI, JACK B. JENNINGS, JAMES H. JONES, ROBERT LAPRELL, JAMIE L. LITWAK, LEONARD MARTIN, TOM MCELROY, PAUL MUELLER, JR., WILLIS NEARHOOD, RICHARD A. NEIGHBOURS, BRUCE NORRBOM, DEREK G. NORRBOM, AZALIA O’NEAL, JEFFREY LEWIS OSTRAY, JAMES PEATTIE, DONALD F. POWER, JOHN RANSDELL, MICHAEL ROWEN, PATRICK W. J. RUDDELL, DUANE RUSSELL, AMANDA SERINO, FRANK P. SERRAO, LEE SFORZA, DAVID SLATTERY, GREGORY DEAN SMITH, FRANCIS WHITE,
Plaintiffs,
vs.
CITY OF DOWNEY; DOWNEY STUDIOS, LLC; INDUSTRIAL REALTY GROUP, LLC; LOS ANGELES CENTER STUDIOS;, EZRALOW COMPANY; DREAMWORKS PICTURES; ENTERTAINMENT PARTNERS; NATIONAL AERONAUTICS AND SPACE ADMINISTRATION; BOEING NORTH AMERICA; UNITED STATES GENERAL SERVICES ADMINISTRATION; UNITED STATES DEPARTMENT OF THE INTERIOR; BUREAU OF LAND MANAGEMENT; STATE OF CALIFORNIA; and DOES 1 through 1000, Inclusive,
Defendants.
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Case No.: VC046716
PLAINTIFF LEONARD J. MARTIN’S OPPOSITION TO THE DEFENDANT THE BOEING COMPANY’S NOTICE OF MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT FOR FAILURE TO JOIN INDISPENSABLE PARTY
Complaint Filed: May 26, 2006
DATE: October 23, 2007
TIME: 09:00
DEPT: 308
ROOM: 1408
JUDGE: Hon. Emilie Elias
PLAINTIFF LEONARD J. MARTIN submits the following Opposition to the Demurrer of THE BOEING COMPANY as follows:
I. INTRODUCTION
Forty-two Plaintiffs have brought suit against twelve Defendants asserting the following causes of action: (1) negligence, (2) negligence per se, (3) strict liability-failure to warn, (4) strict liability for ultra-hazardous activities, (5) fraudulent concealment, (6) negligent misrepresentation, (7) premises liability, (8) intentional infliction of emotional distress, (9) dangerous condition of public property, and (10) fraudulent concealment per California Labor Code section 3602(b)(2). Plaintiff worked on the premises located at 12214 Lakewood Boulevard, Downey, California 90242. Defendants owned the subject premises at various periods of time during a time frame of sixty years. Plaintiff first time working on subject premises was on or about June 12, 2002, on DareDevil for DareDevil Production and Twentieth Century Fox. Plaintiff second time working on subject premises were on or about November 10, 2004, on The Island for DreamWorks Productions in the 1, and 290 Buildings. At all times, Plaintiff was exposed to toxic/hazardous materials, resulting in physical and emotional injuries.
II. DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT FOR FAILURE TO JOIN INDISPENSABLE PARTY
Plaintiff Leonard J. Martin would like to propose that the indispensable party The United States be named both as Plaintiff and Defendant.
Plaintiff Leonard J. Martin would like to propose all parties and The United States arbitrate.
As to Plaintiffs’ First Amended Complaint for failure to join indispensable party, in the ELR, The Environmental Law Reporter, Environmental Law Deskbook, 7th Edition, Environmental Institute, Administrative Procedure, Subchapter IV. – Alternative means of Dispute Resolution in the Administrative Process, Section 576, Enforcement of arbitration agreements, Page 18, “An agreement to arbitrate a matter to which this subchapter applies is enforceable pursuant to section 4 of Title 9, and no action brought to enforce such an agreement shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party.”
III. CONCLUSION
Based on the foregoing, Plaintiff respectfully request that Defendants’ Motion be overruled as herein prayed. In the alternative, should this Court sustain Defendants’ Motion, Plaintiff respectfully ask that it do so, with leave to amend.
Dated: October 11, 2007 Respectfully Submitted
LEONARD JAMES MARTIN, IN PROPRIA PERSONA
By: _________________________________________________
LEONARD JAMES MARTIN, IN PROPRIA PERSONA
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