Judge: Mark E. Windham, Case: 21STLC05896, Date: 2024-01-04 Tentative Ruling

Case Number: 21STLC05896    Hearing Date: January 4, 2024    Dept: 26

State Farm v. Deleon, et al.

MOTION FOR SUMMARY JUDGMENT

(CCP § 437c)

TENTATIVE RULING: 

Defendants Hertz Vehicles, LLC’s Motion for Summary Judgment is GRANTED.

MOVING DEFENDANT IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action against Defendants Dennis Deleon aka Dennis Martinez (“Defendant Deleon”) and Hertz Vehicles, LLC (“Defendant Hertz”) on August 11, 2021. Defendant Hertz filed an answer on December 1, 2021.

Defendant Hertz filed the instant Motion for Summary Judgment on October 20, 2023. Plaintiff filed an opposition on December 26, 2023.

Discussion

The Complaint alleges a single cause of action for subrogation with respect to payments Plaintiff made to its insured following an automobile accident allegedly caused by Defendant Deleon. (Compl., ¶¶6-9.) Defendant Hertz allegedly owned the vehicle driven by Defendant Deleon, gave Defendant Deleon implied or express permission to drive the vehicle, and negligently entrusted Defendant Deleon with the vehicle. (Id. at ¶6.)

Defendant Hertz for summary judgment on the Complaint pursuant to Code of Civil Procedure section 437c. A defendant seeking summary judgment must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff is under no evidentiary burden to produce rebuttal evidence until Defendant meets its initial moving burden. (Binder v. Aetna Life Insurance Company (1999) 75 Cal.App.4th 832, 839-840.)

Defendant’s Initial Burden of Proof

The Motion is brought on the grounds that Defendant Hertz’s liability is barred by the federal Graves Amendment, set forth at 49 USC section 30106, which states in relevant part:

(a) In general.--An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if--

(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and

(2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner).

(49 USC, § 30106, subd. (a).) In support of the grounds for judgment, Defendant Hertz provides evidence of the following facts as undisputed. The accident giving rise to this litigation occurred on September 21, 2019. (Motion, Separate Statement, Fact No. 1; Exh. A, ¶6.) The subject vehicle was driven at the time by Defendant Deleon. (Motion, Separate Statement, Fact No. 2; Exh. D, Response Nos. 115.1, 120.3.) The vehicle was owned by Defendant Hertz and leased by Defendant Deleon. (Motion, Separate Statement, Fact Nos. 3-4; Exh. D, Response No. 120.5; Hall Decl., ¶2.) Defendant Hertz was in the business of renting vehicles. (Motion, Hall Decl., ¶4.) Plaintiff has no evidence that Defendant Hertz was at fault for the accident, that the vehicle was negligently maintained, that Defendant Hertz negligently entrusted the vehicle to Defendant Deleon, or that Defendant Hertz negligently supervised Defendant Deleon. (Motion, Separate Statement, Fact Nos. 5-9; Exh. D, Response Nos. 115.1 and 120.1; Hall Decl., ¶¶6-8.)

This evidence carries Defendant Hertz’s burden to show that no triable issues of material fact exist regarding application of the Graves Amendment to Defendant Hertz’ liability for Plaintiff’s damages. Specifically, it is undisputed that Defendant Hertz is in the business of renting motor vehicles and that Plaintiff has no evidence to show that Defendant Hertz acted with negligence or criminal wrongdoing. The burden now shifts to Plaintiff to demonstrate the existence of a triable issue of material fact regarding either Graves Amendment factor.

Burden to Demonstrate the Existence of a Triable Issue of Material Fact

Plaintiff untimely filed and served an opposition to the instant Motion. The opposition was required to be filed and served by December 21, 2023. (Code Civ. Proc., § 437c, subd. (b)(2).) Instead, the opposition was not filed until December 26, 2023 and was served by electronic mail on December 22, 2023. (Decl. of Service, filed 12/26/23.) Service of the opposition, therefore, was effective on December 27, 2023 making it six days untimely. (Code Civ. Proc., § 1010.6, subd. (a)(4)(B).)

Even if the Court exercised its discretion to consider the opposition, Plaintiff has not carried its burden of proof to demonstrate the existence of a triable issue of material fact regarding the cause of action for negligent entrustment. (See Opp., pp. 3:15-4:4.) The opposition is not supported by any citation to or submission of evidence. (Ibid.) Indeed, no opposing separate statement of facts has been filed. The supporting declaration of Plaintiff’s counsel also has no substantive content or exhibits attached. (Decl. in Opp., filed 12/26/23.) Finally, the case to which Plaintiff cites is not binding and is inapplicable to the facts of this case. Russ v. XPO Logistics, LLC (D. Minn. 2022) 2022 WL 3371132, is a federal district court case in which the court ruled that there was evidence of a factual dispute regarding the lessor's  knowledge of the lessee’s history of unsafe practices. (Russ v. XPO Logistics, LLC (D. Minn. 2022) 2022 WL 3371132, at *9.) Here, Plaintiff offers no evidence that Defendant Hertz knew anything about Defendant Deleon prior to leasing him the vehicle.

Conclusion

Therefore, Defendants Hertz Vehicles, LLC’s Motion for Summary Judgment is GRANTED.

MOVING DEFENDANT IS TO FILE AND SERVE A PROPOSED JUDGMENT WITHIN 20 DAYS OF THIS ORDER.

Moving party to give notice.