Judge: Eddie C. Sturgeon, Case: 37-2022-00006381-CU-PO-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  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) 37-2022-00006381-CU-PO-CTL REID VS NORTHSTAR MEMORIAL GROUP LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 06/29/2023

The court will hear from the parties. In addition to any other argument the parties wish to make, the court requests they address the following questions: 1. Is there any disagreement that the parties were in a special relationship? 2. Defendants argue that there was no duty to prevent the theft of the ashes because it was unforeseeable that a theft would occur. What are the limits of this argument? For example, if Defendants had left the ashes on the hood of the car for an hour and a half, would theft have been foreseeable? Or if Defendants had left the ashes unattended for 12 hours as opposed to an hour and a half, would theft have been foreseeable? 3. In light of Nevarrez v. San Marino Skilled Nursing (2013) 221 Cal.App.4th 102, should the court consider the CFB letter? 4. In the event the court finds that there is no liability associated with leaving the ashes unattended in the vehicle, do the alleged misrepresentations by Mr. Jordan to the family members over the phone create any independent liability on which the emotional distress claims may proceed? Calendar No.: Event ID:  TENTATIVE RULINGS

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