Porter v. Decristofaro and Brown and Brown of Sacr
Defendants and respondents Brown and Brown of Sacramento, Inc. dba Powers and Company Insurance Agents and Brokers (Brown and Brown) and Steven Michael Decristofaro (collectively, defendants) contend the trial court properly granted their motion for summary judgment because, with the five-year deadline looming, they presented evidence demonstrating plaintiff and appellant William Thomas Porter (plaintiff) could not provide the testimony of a purportedly indispensable witness – Manuel Uribe, the assignor of plaintiff’s claims. Defendants argue their evidence shifted the burden to plaintiff to raise a triable issue of fact, which he failed to do. Defendants also contend the judgment should be affirmed because plaintiff’s action is time-barred.
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