Joe Smith is employed at Everyman's Automobile Mechanics in Hayward, California, two blocks from Cal State East Bay campus.Joe rides his beloved Harley Davidson motorcycle to work every day.

Joe maintains liability insurance coverage on the motorcycle, as required under California law, through ACME Insurance.The insurance premiums are due on the first day of the month.For June 2011, Joe erroneously believes that his wife, Mary Smith, has paid the insurance premiums on his motorcycle.Mary has overlooked the June monthly insurance premium in the mountain of bills at the Smith household.If payments are not received by the tenth day of every month, ACME automatically cancels the insurance policy.

On June 11, 2011, Joe parks his motorcycle one block away from Everyman's Automobile when he arrived for work at approximately 7:30 a.m.The bike is parked next to a utility pole on a sidewalk.At approximately 12:30 p.m., Joe takes his lunch break.Joe walks to his motorcycle.Joe starts to walk his bike towards the sidewalk's curb by "straddling" it on both sides.Joe had not yet turned on the engine of the motorcycle.

Joe is unaware that there is a "utility pole anchor" positioned next to the utility pole.The anchor is connected to the sidewalk through screws and rivets.The anchor secures a cable television line running to the top of the pole.The cable television line was removed on May 15, 2010, because it had become obsolete.Due to the inadvertence on the part of the cable television company, the utility pole anchor had not yet been removed, even though it no longer served any useful purpose, and its continued presence constituted a severe tripping hazard. Joe's left foot tripped over the utility pole anchor, and, as a result, he fell to the sidewalk and suffered a severe injury to his left knee.

After the accident, Joe is horrified to learn that his policy had lapsed for non-payment of premiums.He paid the June premium on June 12, 2011, and ACME reinstated his insurance coverage for the motorcycle on this date.

Joe sues the cable television company, which negligently failed to remove the utility pole anchor.The cable television company, Hayward Cable Television, discovered that Joe's insurance coverage had officially lapsed for non-payment of premiums on June 11, 2011. Hayward Cable Television, therefore, brings a Motion for Summary Adjudication of Issues in which it argues the following: "There is no merit to plaintiff's claims for general non-economic damages because his lawsuit arises from the operation and use of an owned uninsured vehicle, in violation of Civil Code 3333.4."

Representing Defendant Hayward Cable Television, please draft a Memorandum of Points and Authorities supporting a Motion for Summary Adjudication of Issues?

The Memorandum should argue that Joe's claims for general damages are barred under Civil Code Section 3333.4 because he was "operating" and "using" his motorcycle at the time of the accident.Also argue that Joe's arguments regarding excusable neglect are irrelevant to the application Civil Code Section 3333.4 since he was uninsured at the accident.