Daniela Fuentes, Stephanie Viera, and Victor Viera vs Gary Scott Ackerman and Thermodyne International, Ltd.

TENTATIVE RULING FOR June 3, 2026 Department S22 – Judge David Driscoll This court follows California Rules of Court, rule 3.1308(b) for tentative rulings. (See San Bernardino Superior Court Local Emergency Rule 8.) Tentative rulings for each law & motion will be posted on the internet (https://www.sb-court.org) by 3:00 p.m. on the court day immediately before the hearing.

You may appear in person at the hearing although remote appearance by CourtCall is preferred during the Pandemic. (See www.sb-court.org/general-information/remote-access). If you do not have Internet access or if you experience difficulty with the posted tentative ruling, you may obtain the tentative ruling by calling the department (S-22) at (909) 521-3529 or the Administrative Assistant (909) 708-8756, who prepared the ruling.

If you (or both parties) wish to submit on the Tentative, notify the other party and call the department by 4:00 pm the day before and your appearance may be excused unless the Court orders you to appear.

You must appear at the hearing if you are so directed by the court in the tentative ruling. Be prepared to address those issues set forth by the court in its ruling.

UNLESS OTHERWISE NOTED, THE PREVAILING PARTY IS TO GIVE NOTICE OF THE RULING. ____________________________________________________________________________ CIVDS1936791 Jose Mejia Castellon vs Gary Scott Ackerman, et al. ____________________________________________________________________________ TENTATIVE RULING This consolidated litigation arises from a vehicle accident.

On December 4, 2019, Plaintiff Jose Mejia Castellon filed his Complaint against Defendants Gary Scott Ackerman (Ackerman) and Suzanne Ackerman (Suzanne). The Complaint pleads 2 causes of action: (1) negligence and (2) motor vehicle.

Also on December 4, 2019, Plaintiff Cristian Alfaro filed his Complaint against Ackerman and later dismissed party (Suzanne) [CIVDS1936792]. Alfaro’s Complaint pleads two causes of action: (1) motor vehicle and (2) negligence.

On April 6, 2023, Plaintiffs Daniela Fuentes, Stephanie Viera, and Victor Viera (minor through guardian ad litem Angelica Medrano) filed their Complaint against Defendants Ackerman and Thermodyne International, Ltd. [CIVSB2308491]. Their operative First Amended Complaint pleads 2 causes of action: (1) negligence, and (2) wrongful death.

These consolidated litigations are predicated upon an accident occurring on December 4, 2017, on State Route 138, near Pine Tree Rd. On that day, Ackerman was driving westbound while intoxicated. He fell asleep, resulting in him veering into the dirt shoulder, hitting the paddle marker, turning to the left, entering the opposite lane, and colliding with the vehicle driven by Castellon with passengers Alfaro, and Delmy Mejia Viera (Decedent). Plaintiffs Alfaro, Fuentes, Stephanie, and Victor are her children.