Ruckman
Ruckman v. Ag-Wise Enterprises CA5
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
This case has previously been before us. (Ruckman v. Wildwood Farms, LLC (June 1, 2021, F078655) [nonpub. opn.] (Ruckman I).)2 We summarize the facts and proceedings as relevant to the challenged sanctions order. On November 13, 2015, an employee of Big N Deep Ag Development Co. (BND) was operating excavation equipment on agricultural land near Wible Road and Houghton Road in Kern County when he struck and ruptured an underground gas line resulting in
All further statutory references are to the Code of Civil Procedure unless otherwise stated. Ag-Wise requested and this court granted judicial notice of plaintiffs’ opening brief, plaintiffs’ appendix, plaintiffs’ reply brief, and our unpublished opinion from the prior appeal in this case. (Evid. Code, §§ 452, subd. (d), 459, subds. (a)–(c).) Portions of the previous opinion are incorporated herein.
2. an explosion and fire that killed the employee and injured several neighbors—the plaintiffs—on adjoining property. At the time of the explosion, plaintiffs Gloria Ruckman, minor infant Robert Elias Ruckman, and Amalia Leal were inside the Ruckmans’ house. The explosion caused the entire…