Judge Monica Bachner, Case 21STCV36045 2023-04-27 Tentative Ruling

Judge: Monica Bachner, Case: 21STCV36045, Date: 2023-04-27 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff at (213) 830-0771 before the set hearing time. See, e.g., CRC Rule 324(b). All parties are otherwise encouraged to appear by Court Call for all matters.

Case Number: 21STCV36045 Hearing Date: April 27, 2023 Dept: 71

Barboza v. Devall

21STCV36045

Plaintiff’s motion for summary adjudication

Plaintiff moves for summary adjudication of her 3^rd, 6^th, and 10^th causes of action.

A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
(Code Civ. Proc., § 437c (f)(1).) Plaintiff’s motion does not achieve this requirement.

Plaintiff’s 3^rd cause of action is for negligence. The elements of negligence are:

1) That the defendant was negligent;

2) that the plaintiff was harmed;

3) that defendant’s negligence was a substantial factor in causing plaintiff’s harm; and

4) the amount of damages.

(Pajaro Valley Water Management Agency v. McGrath (2005) 128 Cal.App.4th 1093, 1106.)

Plaintiff has not offered any evidence as to the damages to which she is entitled under her theory of negligence. A party cannot establish a prima facie entitlement to summary judgment without showing both the fact and the amount of damages. (Id.) A plaintiff cannot obtain judgment on a cause of action in an amount of damages to be determined later. (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241.) Accordingly, Plaintiff has not established an entitlement to summary adjudication of her 3^rd cause of action.

Plaintiff’s motion for summary adjudication of her 6^th cause of action, fraud and suppression (Civil Code section 1710(3)) and 10^th cause of action based on defendants being unlicensed contractors (Business & Professions Code section 7160) similarly fails. An element of each cause of action is proof of the amount of damages claimed, and Plaintiff has offered no evidence of these damages.

Without evidence of Plaintiff’s specific damages, this motion must be denied.