Judge: James A. Mangione, Case: 37-2021-00035608-CU-PO-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 15, 2024

03/15/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  PI/PD/WD - Other Summary Judgment / Summary Adjudication (Civil) 37-2021-00035608-CU-PO-CTL RUSSO VS DINNEEN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants' Motion for Summary Judgment is denied.

The moving party on a motion for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) If satisfied, the burden shifts to the opposing party to make his or her own prima facie showing of the existence of a triable issue of fact. (Id.) 'There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.' (Id.) Plaintiffs have alleged Defendants undertook an affirmative duty to care for Decedent and were in a special relationship upon which a duty of care was created. While duty is a legal question, there are questions of fact as to the scope of the duty undertaken by Defendants and the reasonableness of their actions in light of the information provided to them by the police and the circumstances of Decedent's injury. Consequently, there are related issues of fact as to whether Defendants breached this duty.

Issues related to causation and Defendants' asserted affirmative defenses also present material factual disputes based on the scope of the duty Defendants undertook. Whether Decedent's death could have been prevented if she had been taken to the hospital or otherwise monitored presents factual questions properly reserved for the jury.

Plaintiffs' evidentiary objections are overruled as to objection nos. 1-3 and sustained as to objection no.

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The minute order is the order of the Court.

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