Judge: Kenneth J. Medel, Case: 37-2020-00043483-CU-PO-CTL, Date: 2023-07-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - July 06, 2023

07/07/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Other Summary Judgment / Summary Adjudication (Civil) 37-2020-00043483-CU-PO-CTL HERNANDEZ VS THE FRATERNITY OF PHI GAMMA DELTA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 12/28/2022

Based on the Notice of Settlement, the Motions for Summary Judgment/Adjudication by Defendants FRATERNITY OF PHI GAMMA DELTA,INC., THE SIGMA DELTA CHAPTER OF THE FRATERNITY OF PHI GAMMA DELTA, and ROBERT CAUDILL are OFF CALENDAR.

CSU's Motion for Summary Adjudication is DENIED.

The motion filed in the Register of Actions at ROA 344 has portions redacted. The Court is unaware of any order to seal documents in this case. The redacted motion is improper. The Court did receive a copy of the unredacted papers and orders that the document at ROA 344 be stricken and the unredacted papers be filed as the motion.

With respect to evidence submitted by plaintiff, plaintiff has not complied with the format rules regarding submission of evidence set forth in CRC 3.1110(e). ROA Nos. 471-489 are labeled as 'declarations' but are random documents submitted. The Court cannot find the evidence submitted to support the Opposition in this case. Further, the Court notes that much of the evidence submitted in this case has been redacted and no order to seal has been made.

CSU seeks adjudication of an issue of duty in this case. CSU argues it does not owe a duty to students participating in non-curricular activities where alcohol is involved, such as off-campus fraternity parties.

While the Court can decide an issue of duty on a motion for summary adjudication, resolving that question will not eliminate the issue of duty in this case. The Court declines to rule on summary adjudication on an issue of duty that will not resolve duty in the litigation.

Aztec Shops' Motion for Summary Judgment is DENIED.

As with CSU's Motion, the motion is improperly redated. The Court orders that the motion is stricken and the copy provided to the Court to be filed.

The Court further finds that the evidence submitted by plaintiff does not comply with the formatting rules.

Having reviewed the motion, the Court finds a triable issue of fact regarding foreseeability of issues of the fraternity tenant. Summary judgment is denied.

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