Judge: John C. Gastelum, Case: 20-01157633, Date: 2022-08-30 Tentative Ruling

Motion for Summary Judgment and/or SAI 

Tentative Ruling:  Defendant the State of California, Department of Transportation (“Caltrans”) moves for summary judgment pursuant to Code of Civil Procedure section 437c on the grounds that Plaintiff Estrella Opazo-Gonzalez (“Plaintiff”) cannot establish all requisite elements of her causes of action against Caltrans and there is a complete defense to the causes of action.

Plaintiff’s operative complaint contains two causes of action against Caltrans: (1) dangerous condition of public property pursuant to Government Code sections 835, 840, and 895.2; and (2) Government Employee Negligence pursuant to Government Code sections 810.2, 815, 815.2 and 820.

Each of Plaintiff’s causes of action against Caltrans requires that Plaintiff establish that there was a dangerous condition of public property or that Plaintiff suffered damages from Caltrans’ conduct.  (See Gov. Code, § 810.2, 815, 815.2 820, 835, 840, 895.2.)  In its motion, Caltrans carried its burden to show these requisite elements of Plaintiff’s causes of action cannot be established.

Moreover, Plaintiff’s failure to file an opposition to the motion for summary judgment constitutes an abandonment of her claims that Caltrans addressed in its motion.  (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)

As such, Defendant the State of California, Department of Transportation’s unopposed Motion for Summary Judgment is GRANTED in favor of Caltrans in its entirety.

Prevailing party to give notice.