Judge: Melvin D. Sandvig, Case: 21STCV04128, Date: 2022-08-02 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21STCV04128    Hearing Date: August 2, 2022    Dept: F47

Dept. F47

Date: 8/2/22                                                       TRIAL DATE: 3/6/23

Case #21STCV04128

SUMMARY JUDGMENT

Motion filed on 4/4/22.

MOVING PARTY: Defendant Crown Castle Fiber LLC

RESPONDING PARTY: Plaintiff Orlee Bakhshizandeh

NOTICE: ok

RELIEF REQUESTED: An order granting summary judgment in favor of Defendant Crown Castle Fiber LLC and against Plaintiff Orlee Bakhshizandeh.

RULING: The hearing will be continued to 8/18/22. 

This action arises out of a trip and fall incident.  Plaintiff Orlee Bakhshizandeh (Plaintiff) alleges that on or about 9/19/20, while participating in a cross-fit class, she was jogging on the sidewalk at or near 9301 Shirley Avenue in Los Angeles, California when she tripped and fell over a vault cover causing her to sustain severe bodily injuries.  (Separate Statement (SS) 2, 9).  The vault cover where Plaintiff tripped and fell is located on a public sidewalk near a fence on which a sign for Defendant Crown Castle Fiber LLC (Crown Castle) is located.  (SS 7).    

Plaintiff claims that Crown Castle negligently maintained, managed, controlled and operated the surrounding area and that Crown Castle failed to prevent a dangerous condition, the vault covers.  (SS 4).   Further, Plaintiff claims that Crown Castle negligently failed to take steps to either make the condition safe or to warn her about the dangerous condition.  (SS 4).  On 2/2/21, Plaintiff filed this action against Crown Castle and others alleging causes of action for: (1) negligence and (2) premises liability – willful failure to warn. 

On 4/4/22, Crown Castle filed and served the instant motion seeking an order granting summary judgment in favor of Crown Castle and against Plaintiff.  The motion was originally scheduled for hearing on 6/27/22 in Department 29 in the Spring Street Courthouse.  However, when the case was transferred to Department F47 in the Chatsworth Courthouse, the hearing date was rescheduled to 8/2/22.

Based on the 8/2/22 hearing date, opposition papers to the motion were due to be filed and served on or before 7/19/22, 14 days before the hearing date.  CCP 437c(b)(2).  On 7/19/22, Plaintiff filed and/or submitted three documents: (1) Plaintiff’s Response to Defendant’s Statement of Undisputed Material Facts, (2) Plaintiff’s Separate Statement of Undisputed Material Fact and (3) [proposed] Order.  The two Separate Statement documents filed by Plaintiff indicate that Plaintiff purported concurrently filed three additional documents: (1) Plaintiff’s Opposition to Motion for Summary Judgment, (2) Declaration of Alexander J. Zeesman with supporting exhibits and (3) Declaration of Mark Burns.  However, these referenced documents were not filed with the Court. 

Based on the reply documents filed by Defendant on 7/28/22, it appears that all of the opposition documents were served on Defendant.  Therefore, Plaintiff is ordered to file: (1) Plaintiff’s Opposition to Motion for Summary Judgment, (2) Declaration of Alexander J. Zeesman with supporting exhibits and (3) Declaration of Mark Burns by 4:00 p.m. on 8/2/22.  The hearing on the instant motion will be continued to 8/18/22 to allow the Court sufficient time to review all arguments and evidence before making a ruling on the motion.