Judge: Craig Griffin, Case: Agranovich v. Lynn, Date: 2022-12-12 Tentative Ruling

The Motion for Summary Adjudication filed by Defendants/Cross-Complainants Maya Lynn and Brent Lynn (“Defendants”) as to emotional distress damages which are or may be sought by Plaintiffs/Cross-Defendants Felix and Katherine Agranovich (“Plaintiffs”) is DENIED.

Defendants argue that based on a prior stipulation provided by Plaintiffs’ counsel, Plaintiffs cannot claim any emotional distress damages whatsoever, as no evidence had been presented by Plaintiffs to demonstrate a basis for same.  But Defendants have utterly failed to meet their initial burden in this regard.

“Summary judgment law in this state . . . requires a defendant moving for summary judgment to present evidence, and not simply point out that the plaintiff does not possess, and cannot reasonably obtain, needed evidence.  . . .  [T]he defendant must ‘support [ ]’ the ‘motion’ with evidence including ‘affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice . . . .’”  The defendant may, but need not, present evidence that conclusively negates an element of the plaintiff's cause of action. The defendant may also present evidence that the plaintiff does not possess, and cannot reasonably obtain, needed evidence—as through admissions by the plaintiff following extensive discovery to the effect that he has discovered nothing.  But . . . the defendant must indeed present ‘evidence’”

Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 854–55.

But Defendants only “evidence” in support of their motion is a declaration which states, in relevant part:

“4.  To the best of my recollection and review of the documents produced in discovery, Plaintiff Katherine Agranovich (hereinafter “Ms. Agranovich”) is the only Plaintiff to submit any medical records. A true correct copy of medical records produced by Ms. Agranovich are attached to the Compendium of exhibits as “Exhibit 5” and incorporated by reference herein.

“5.  To the best of my recollection and review of the documents produced in discovery, Plaintiff Felix Agranovich (hereinafter “Mr. Agranovich”) has not provided any medical records to date.”

Riddles Decl. 

This purported evidence does not demonstrate that Plaintiffs’ have no evidence and cannot reasonably obtain evidence to prove their claim.  Were medical records requested in discovery?  Did the Agranovich’s suffer physical harm for which they did not seek professional treatment?  Were the Agronovich’s deposed and asked about physical injuries?  Were RFAs sent out requesting admissions regarding physicial injuries?  Interrogatories?  A declaration simply stating that the attorney does not remember medical bills being produced is patently inadequate to meet Defendants’ burden of persuasion on summary adjudication.

The Evidentiary Objections presented with the Opposition, to the extent material to the Court’s disposition here, are OVERRULED. 

Counsel for Plaintiffs are to give notice of this ruling.