Judge: Kevin C. Brazile, Case: 20STCV41958, Date: 2023-07-25 Tentative Ruling

Hearing Date: July 25, 2023

Case Name: Cuadra v. Gray, et al.

Case No.: 20STCV34784

Matter: Motion for Summary Judgment/Adjudication

Moving Party: Plaintiff Leticia Cuadra

Responding Party: Unopposed

Notice: OK

Ruling: The Motion is denied without prejudice.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a habitability matter.  Plaintiff Leticia Cuadra now seeks summary judgment/adjudication.

No opposition was filed.

Plaintiff has carried her burden to establish liability by pointing to the fact that her requests for admission propounded on Defendant David Gray were deemed admitted.

On the other hand, Plaintiff has failed to present evidence relating to the amount of her damages.  This issue was not a component of her requests for admission.  It is also not discussed in Plaintiff’s separate statement of undisputed fact.

Because Plaintiff failed to establish an element of her claims (damages), the Motion for Summary Judgment/Adjudication is denied without prejudice. 

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.