Travelers Property Casualty Co. of America v. LK Transportation, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on Plaintiff Travelers Property Casualty Company of America’s (“Plaintiff”) Motion for Summary Judgment (Doc. # 17) and Defendants LK Transportation, Mario Prado, John Shower, John Ritchie, and Sandra Ritchie’s (collectively “Defendants”) Cross-Motion for Summary Judgment (Doc. # 23). Defendants oppose Plaintiff’s motion (Doc. # 24) and Plaintiff opposes Defendants’ motion (Doc. #25)

I. PROCEDURAL AND UNDISPUTED FACTUAL BACKGROUND

On April 19, 2010, Larry Kampmeinert, the owner of Defendant LK Transportation (“LK”), received a phone call from Descor Inc. (“Descor”) arranging for LK to go to the Yuba City area, pick up a construction trailer owned by Descor (“the Trailer”), and move it back to Sacramento for a fee. JSF at 5. A tractor was required to move the Trailer on the highway. JSF at 7. Mr. Kampmeinert contacted Mario Prado (“Prado”), who was an employee of LK. JSF at 8. Mr. Kampmeinert made arrangements for Prado to drive a tractor owned by LK (“the Tractor”) from the LK yard in Sacramento to Yuba City to pick up the Trailer.…