Judge Eddie C. Sturgeon, Case 37-2021-00047969-CU-PO-CTL 2023-09-29 Tentative Ruling

Judge: Eddie C. Sturgeon, Case: 37-2021-00047969-CU-PO-CTL, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023 09:00:00 AM C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited PI/PD/WD - Other Summary Judgment / Summary Adjudication (Civil) 37-2021-00047969-CU-PO-CTL CALVILLO VS GONZALEZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 04/19/2023

Defendants Juan Carlos Gonzalez and Tammy Gonzalez's Motion for Summary Judgment is DENIED.

Defendants objections to the evidence included at Plaintiff's additional undisputed material facts nos.

25-27 are sustained. All other objections are overruled.

The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A prima facie showing is one that is sufficient to support the position of the party in question; 'no more is called for.' (Id. at 851.) The moving party must show that the undisputed facts, when applied to the issues framed by the pleadings, entitle the moving party to judgment. (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 66.) If the moving party carries this burden, it causes a shift, and the opposing party is then subject to its own burden of production to make a prima facie showing that a triable issue of material facts exists. (Aguilar, supra, 25 Cal.4th at 850.) Courts must view the evidence and inferences 'in the light most favorable to the opposing party.' (Id. at 843.) 'A motion for summary adjudication . . .

shall proceed in all procedural respects as a motion for summary judgment' and 'shall be granted only if it completely disposes of a cause of action, . . . a claim for damages, or an issue of duty.' (Code Civ.

Proc., § 437c(f).) Here, even assuming for the purposes of this motion that Plaintiff Calvillo was not Defendants' employee, there are still triable issues of disputed fact regarding Defendants' duty and breach of that duty to Plaintiff as an independent contractor given that Defendant retained control over the tree trimming work. (Hooker v. Department of Transportation (2002) 27 Cal.4th 198, 202; Sandoval v. Qualcomm (2021) 12 Cal.5th 256, 276 ['[i]f a plaintiff proves that the hirer actually exercised retained control in a way that affirmatively contributed to the contract worker's injury, the plaintiff establishes that the hirer owed the contract worker a duty of reasonable care as to that exercise of control'].) '[T]o the extent that the hirer exerts influence over the contracted work such that the contractor is not entirely free to perform the work in the contractor's own manner (actual exercise), the hirer does limit the contractor's delegated control. Still, we impose a duty only where that limitation itself contributed to the worker's injury (affirmative contribution), rather than where that limitation incidentally created an opportunity for the hirer to prevent the contractor's injury-causing conduct.' (Sandoval, supra, 12 Cal.5th at 276.) This rule 'incentivizes the hirer to use reasonable care when the hirer does get involved.' (Id. at 279.) Here, there are disputed facts as to Defendant's role directing the project, requiring the use of rope, and pulling on the rope during the work. These are triable issues of fact sufficient to defeat summary judgment on the premises liability and negligence causes of action. Because the loss of consortium action is derivative, that cause of action also survives summary judgment.

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